TOWN OF BERTHOUD PLANNING COMMISSION TOWN HALL 807 Mountain Avenue THURSDAY, April 13, :30 P.M.

Transcription

1 own of Berthoud 807 Mountain Avenue Berthoud, CO OWN OF BERHO PLANNING COMMISSION OWN HALL 807 Mountain Avenue HURSDAY, April 13, :30 P.M. 1. Call to Order 2. Roll Call Scott Banzhaf, Chair Jennifer Baker, Vice Chair William Gilmore Kelly Dunkelberger Christine Celentano, Secretary Richard Shepard im Hardy All matters listed under Item 3, Consent Agenda, are considered to be routine by the Planning Commission and will be enacted with a single vote. If discussion is deemed necessary on an item, that item should be removed from the consent Agenda and considered separately. 3. Consent Agenda: a. Minutes from the meeting of March 23rd, Justus Bebo, agent for L and M Enterprises, sign variance request from Section G. 6. (a) to allow an additional commercial sign; from Section G. 6. (c) for a sign height variance of 6 feet; from Section G. 6. (e) to allow a sign in the right-ofway, and from Section to allow a flashing, moving, blinking, chasing or other animation effects on a sign. 5. B group, agent for Bill Zech, Vantage Preliminary Plat. 6. Craig Wrigley, applicant, request to rezone 2.28 acres from Planned Unit Development (P) to Mixed Use (R-4) district, and Concept Plan approval. 7. Reports. 8. Adjourn. If you require a special accommodation, please contact the own Clerk 24 hours in advance at (970)

2 OWN OF BERHO PLANNING COMMISSION REGULAR MEEING March 23, 2016 PAGE 1 OF 2 he Planning Commission of the own of Berthoud convened a regular meeting on March 23, Chairman Banzhaf called the meeting to order at 6:35 p.m. Members Present: Scott Banzhaf, Chairman Dick Shepard Jen Baker Bill Gilmore Kelly Dunkelberger Christine Celentano im Hardy Members Absent: Staff/own: Curt Freese, Community Director Patti Swiger, Building and Planning Clerk CONSEN AGENDA he consent agenda consisted of the meeting minutes from the meeting of March 9, Baker moved to accept the Consent Agenda as presented. Second by Hardy. All members voted YES. Chairman Banzhaf moved Item 4 (Sign Variance Request for Brookside Gardens) to the #5 as the applicant had not yet arrived. Reports will be heard at this time. REPORS Freese said that the Development Code Update Committee went well. hey addressed how to be relevant. Potential to inspire the building of Row or Pair homes. Good imput from developers. hey indicated that higher density and smaller lots would be favorable with greater design standards. Discussed nice product mix, good designs. Building Department has been busy. More Single Family Dwelling permits have been issued so far this year than in all of last year. And last year was a record year for home permits.

3 OWN OF BERHO PLANNING COMMISSION REGULAR MEEING March 23, 2016 PAGE 2 OF 2 BROOKSIDE GARDENS SIGN VARIANCE Applicant is not present. Freese advised options. Banzhaf was favorable to tabling this item to a later date. He opened a public hearing on this item. With no one wishing to speak, the public hearing portion was closed. Gilmore made a motion to postpone the Brookside Gardens Sign Variance due to the applicants not being in attendance. Second by Dunkelberger. Discussion that the motion should be amended to a specific time due to at the previous meeting of March 9, 2017 conditions were to be met within 30 days. onight s meeting was to confirm that those conditions had been met. Gilmore withdrew his motion. Motion by Shepard to extend the Brookside Gardens Sign Variance to the next Planning Commission meeting of April 13, If the applicants do not show, at that time a determination will be made. Second by Baker. All members voted YES with Hardy voting NO. Gilmore moved to adjourn the meeting. Second by Baker. ALL in favor. Meeting adjourned at 6:58 p.m. Christine Celentano,Secretary Patti Swiger, Building Department

4 March 17, 2017 Subject: Bebo Sign Variance o: Planning Commission From: Curt Freese, Community Development Director o recap the Feb. 23 rd meeting, the sign height variance of 6 was approved unanimously with the following conditions: 1) he applicant must remove the older existing sign within 30 days; 2) he applicant must remove the message board within 30 days; 3) he applicant must provide an accurate survey, showing the sign is out of the ROW within 30 days. 4) he applicant must come back to the March 23rd meeting, to verify all of these conditions have been satisfied. As of today, the Applicant has sent over a new survey (found in this packet), and also confirmed they have removed the message board and old sign (pictures of their removal are within the packet) as per the conditions of the Feb. 23rd PC meeting. herefore, conditions #1 and #2 have been met. Unfortunately for the Applicant, the survey does show that the sign is encroaching into the ROW, and thus condition #3 has not been satisfied. In light of Condition #3 not being satisfied, Staff finds that there are two options for the Commission to consider: 1) Approve a variance for a sign in the ROW, on the condition that an encroachment permit and any other agreements required by the State to place a permanent structure in the ROW are obtained within a reasonable time frame ( days would be Staff s recommendation); 2) Deny the variance to allow a sign in the ROW, and require the Applicant to move the sign out of the ROW within a reasonable time frame (30 days). Staff cannot recommend a variance for any structure within the ROW, and thus recommends the second option. Sincerely, Curt Freese, AICP Community Development Director

5 DAE: FEBRUARY 9, 2017 GENERAL INFORMAION Applicant: Justus Bebo, applicant for L & M Enterprises Site Location: 619 E HWY 56 Applicant's Request: Sign Variance Request Current Zoning: Neighborhood Commercial (C-1) Variance Consider a sign variance request from Section G. 6. (a) to allow an additional commercial sign; from Section G. 6. (c) for a sign height variance of 6 feet; from Section G. 6. (e) to allow a sign in the right-of-way, and from Section to allow a flashing, moving, blinking, chasing or other animation effects on a sign. ZONING DISRIC INFORMAION Neighborhood Commercial (C-1) Min. Lot Size Floor Area Ratio of 2 to 1 Min. Lot Width 25 Front Setback 0 Side Setback 0 ; or 20 differing zoning district boundary (does not apply) Rear Setback 0 ; or 20 from centerline of alley Building Height: 40 SURROUNDING ZONING, LAND USE AND REQUIRED BUFFERS Adjacent Zoning Adjacent Land Uses North: County/ AG Farm/House South: P (empty field), Empty field/cropland O Malley Glen P East: P/County Parcel L and M, Little hompson Water District West: P/M-2/County Brothers Door Supply, House AACHMENS 1. Application 2. Site Plan 3. Sign Details 4. Picture of existing sign

6 BACKGROUND he applicant erected a new sign on their property in December of 2016 without a permit and in violation of the sign code. he sign erected is a pole sign 18 high, and 12 wide, with a 6 8 x 2 9 LED message board underneath. he sign was placed on the property in addition to the existing Brookside Garden pole sign. Moreover, according to the Site Plan submitted with this application, the sign is more than 9 into the State ROW on HWY 56. he Community Development Director noticed the sign after it had been installed, researched the ordinance, and then issued a Stop Work Order that day (December 6) through the Larimer County Sheriff s office (said Stop Work Order is in this packet). Soon after being served with notice, the Applicant came in, and submitted the Variance Application. he Applicant contends they were unaware they needed a sign permit. Moreover, the Applicant informed Staff that the message board was removed from the L and M building, (granted a variance on appeal by the own Board, after being denied by the PC in 2008). he variance application process stays any pending enforcement action. Should this variance be denied, the enforcement action will continue. Variances Required: his unpermitted sign requires four variances from the Berthoud Sign code, which include: 1) Section G. 6. (a), which allows one monument or pole sign per property in the C-1 zoning district. he variance would allow an additional pole/monument sign on this property, in addition to the existing pole sign (a picture is in this packet). 2) Section G. 6. (c) allows for a 12 high pole or monument sign. he unpermitted sign is 18 in height, which would result in a sign height variance of 6 feet. 3) Section G. 6. (e) requires that signs be out of the ROW. As aforementioned this sign is more than 9 into the State ROW, and no encroachment has been provided. herefore a variance from this section would allow a sign in the right-of-way, however an encroachment permit from the State would still be needed. 4) Section prohibits flashing, moving, blinking and chasing signs. hus, the LED message board installed with this sign, requires a variance from this section. VARIANCE REQUIREMENS: he Planning Commission under Section has the authority to authorize variances from the terms of Chapter 30-2, Design Standards, Chapter 30-3, Zoning; and Chapter 30-7 Signs, where the strict enforcement

7 of this title would create a situation which would result in unreasonable application of these standards, considering whether (with Staff analysis regarding each point below): a. Such relief may be granted without substantial detriment to the neighborhood or the public good and without substantially impairing the intent and purposes of this code, and; x. Allowing an additional unpermitted sign that is close to 300 sq. ft. in size and fails to satisfy a number of the basic requirements of the sign ordinance, subverts the purpose of the sign code and substantially impairs the intent and purposes of this code. x. In addition, the variance allows the applicant to enjoy more than double (the sign being 6 higher than allowed as well) the signage allowed for every other business and property in own, and the opportunity to use scrolling, blinking, and animated signage. x. Approving a sign in the ROW is a dangerous precedent without an encroachment permit from the State. Should the State widen the road, the sign would have to be removed, and Staff has concerns allowing such a sign may have legal implications should the State need to widen the road. x. Moreover, the variance would contribute to increased sign clutter along a major corridor, which is one of the primary intents of the sign ordinance. b. Provided that there are exceptional circumstances applying to the specific piece of property which do not generally apply to the remaining property in the same zoning area or neighborhood, and; x. his is the only commercially zoned land within the general area. However, that should not entitle the business to double the signage allowed to any other own business, nor allow the flashing and digital sign that is also prohibited for the rest of the commercial businesses. c. hat the requested variance shall not authorize any permanent use not permitted in the zoning district, and; x. Not applicable. d. If the hardship on which the request for variance is based, in whole or in part, is self-inflicted, that will be a highly significant fact which is a material element bearing on the issue, and will weigh heavily against the owner or applicant seeking the variance, or; x. he hardship was created by the Applicant who erected the sign in violation of multiple sections of the sign code, and without a permit from the own. e. In circumstances where the property owners affected most directly, e.g. neighbors, concur in writing with the variance that fact shall be given significant (but not conclusive) weight in favor of the request x. No neighbors or letters from neighbors have been provided in support.

8 FINDINGS AND RECOMMENDAIONS Move for denial of the sign variance request from Section G. 6. (a) to allow an additional commercial sign; from Section G. 6. (c) for a sign height variance of 6 feet; from Section G. 6. (e) to allow a sign in the right-of-way; and from Section to allow a flashing, moving, blinking, chasing or other animation effects on a sign, finding that the requests do not satisfy the conditions laid out in Section (1) of the Development Code: 1. he Applicant has not satisfied any of the applicable conditions of Section (1) of the Development Code, as found on page 3 of the Staff Report, and 2. he Applicant has specifically not met Section (1) (d), in which the variance requested was self-inflicted, in that the Applicant erected the sign in violation of the code and without a permit, and this weighs heavily against the applicant or owner seeking a variance. Reminder: When making a motion for or against, please provide clear findings in support of the proposed motion utilizing the findings in support of the Criteria necessary for approving or denying a Variance (found on pages 3).

9 SIGN SPECS

10

11 SIE PLAN

12

13 PICURES

14

15

16 MAP VIEW BEFORE SIGN

17

18 PICURES (CURREN) WIH OLD SIGN REMOVED AND MESSAGE BOARD REMOVED

19

20

21 CURREN SURVEY SHOWING SIGN IN ROW

22

23

24

25

26

27 SAFF REPOR VANAGE PRELIMINARY DAE: April 13, 2017 Applicant: Site Location: Applicant's Request: Current Zoning: GENERAL INFORMAION Bill Zech, agent for ALC V, Berthoud LLC A site located at the intersection of Bunyan Avenue and County Road 17 (aft Avenue). o obtain preliminary plat approval for the Second Filing of the Vantage Development. (On portions related to this request): Single Family (R-1), Multi-Family (R-3) Size (in acres): ~201 acres ZONING DISRIC INFORMAION Related Zoning District Requirements P R-1 R-2/ R-3 Min. Lot Size SF only 3,500 sq. ft. 3,500 sq. ft. Min. Lot Width Front Setback BY FDP 15 ; 22 gar. 15 ; 22 gar. R-2: 20 Side Setback BY FDP 5 and and 7 6 Rear Setback BY FDP Building Height: BY FDP 40 prin; 30 acc 40 prin; 30 acc SURROUNDING ZONING, LAND USE AND REQUIRED BUFFERS Adjacent Zoning Adjacent Land Uses Setbacks for Adjacent Zoning /Buffer required if rezoned North: E1 Estate (Larimer Co.) Single Family Homes N/A Berthoud Lake Ranchettes, (FA1) South: P Berthoud Hollow ODP, Single Family Homes N/A R1 North Park Subdivision, (FA1) (Larimer Co.) East: Garden Fair, North Park, and Single Family Homes N/A Fickel Subdivisions (R-1) West: Westhaven (approved in 2015) R-1 and R-2 Single Family homes N/A Attachments: 1. Concept Plan 2. Easthaven Concept Plan 3. Future Land Use Map 4. POR Map

28 PROPOSAL he applicant is proposing a Preliminary Plat for 473 lots on 201 acres. Single family lots comprise acres of these 201 acres, with almost 40 acres of open space to be maintained by the Metro district. More than 30 acres has been reserved for future multi-family (townhouse) development. BACKGROUND he property was formerly approved as rails at Sugar Creek, then Easthaven, and Westhaven, until it was combined and renamed Vantage last year. he land related to this request is part of 157 acres that were formerly approved as Easthaven (and previously rails at Sugar Creek) and includes over 40 acres zoned R-1 in 2014 as part of Westhaven. he majority of the property was originally annexed into the own in 2006 as the rails of Sugar Creek that later became Easthaven, while the 41 acre Westhaven portion to the Northwest, was originally annexed and rezoned to P in A Concept Plan for this section of the Vantage subdivision was approved in April of 2016, and a rezoning subsequently after. Description of Plan: he preliminary plan follows the Concept Plan approved in April of Overall, there has been a slight reduction in density (from potentially 495 single family lots to 473 single family lots) from the concept plan, to the engineered preliminary plat. he overall layout and lot sizes are roughly similar to the Concept Plan, with more than 300 lots ranging from 7,150 sq. ft. to 8,000 sq. ft. in size; while the remainder of the lots range from 8,000 sf to 10,000 sf in size. he two townhome areas from the Concept Plan, are listed as future development, one located at the north end of the property near LCR 10-E, and the other in the center of the development. he Handy Ditch runs through this site near the north portion of the property and separates the northern townhome area from the rest of the development to the south. At this time no crossing of this ditch is proposed but the idea of a crossing should not be ruled out for connectivity purposes. Access Points and Road System he applicant proposes multiple access points into this property, including making future and existing connections to adjoining neighborhoods. o the South, the plan depicts one street connection to Bunyan Avenue (an additional connection however will be provided through the southwest portion (or Filing 1) approved by Final Plat), o the East, connections through Evergreen and Longs Peak Avenues through the North Park subdivision will eventually access 4th St, in addition to the requested stub (added at the Concept Plan approval) of Little Cone Drive; also a future ROW for Water Street, should it be extended in the future has been provided; And to the West, access to LCR 17 will be through multiple roads that provide connectivity through the previously approved first filing of the Vantage development, including the construction of a Water Street connector. he applicant is also proposing to ensure that the vacant lot west of Berthoud Elementary will be provided with road access in the future. 2

29 Open Space and rails Around 40 acres is proposed for open space, making up ~20% of the project. his includes pocket parks, a substantial landscaped buffer area, as well as a number of sections of open space provided for internal trail connectivity, as well as detention areas, and buffers for adjoining existing neighborhoods. hese areas will be privately maintained by the Metro District, and not accepted into the own s park system. rails are proposed to be located along LCR 17, the south side of Handy Ditch and Water Avenue in compliance with the own s Parks, Open Space and rails Plan. he internal trails will connect with the trails along LCR 17 and Bunyan and the internal trails found in the previously approved Filing 1. In addition sidewalks will be provided along all streets including LCR 10-E and Bunyan Avenue. PREFERRED LAND USE he own s Preferred Land Use Map designates this area as Moderate density residential, with residential development at 2 6 units per gross acre. his preliminary plat would be consistent with the Preferred Land use Plan. FINDINGS NECESSARY FOR PRELIMINARY PLA 1. he Preliminary Plat represents a functional system of land use and is consistent with the rationale and criteria set forth in this Code. he Applicant is providing a substantial 50 landscaped buffer area on the East, and along LCR 17 to mitigate both impacts from the road, and the adjacent subdivisions. his area will be maintained by the Metro district hree road connections to the East provide for excellent connectivity. Drainage flows to the South/Southeast corner of the property, and thus the said acre area is best suited for the park/open space/drainage area depicted on the plat on the South/Southeast corner of Bunyan and Vantage Parkway he location of future townhouse development in the center of the property, and along 10E is consistent with the comments from the Concept Plan approval and represents a functional system of land use. here is a mixture of lot sizes and street layout throughout the project. he plan also proposes a substantial network of inner trails and open space. 2. he application is consistent with the approved concept plan and incorporates the own s recommendations and any conditions of approval. he overall density and uses are consistent with the approved Concept Plan and rezoning, as well as the Planning Commission and own Board recommendations. 3. he land use mix within the project conforms to Berthoud s Zoning District Map and Preferred Land Use Map and furthers the goals and policies of the Comprehensive Plan and POR Plan. 3

30 he density is within conformance of the Preferred Land Use Plan, which calls for moderate density residential. he preliminary plat is in conformance with the Zoning code and all other Development Code standards. 4. he utility and transportation design is adequate, given existing and planned capacities of those systems. he design of infrastructure has been reviewed by the own Engineer and considered to be of sufficient size and design to accommodate the project. he Applicant is also providing off-site improvements along Bunyan, and off-site drainage improvements, which should serve to relieve issues with the subdivisions to the South. he own has capacity available to service this development. 5. Negative impacts on adjacent land uses including, but not limited to: solar access, heat, dust, glare, traffic and noise have been identified and satisfactorily mitigated. As aforementioned, the 50 landscaped buffer areas around this entire project, serve to mitigate any such impacts. 6. here is a need or desirability within the community for the applicant s development and the development will help achieve a balance of land use and/or housing types within Berthoud. his represents the entire remaining single family portion of Vantage. As discussed in the past, Berthoud lags behind many communities in housing diversity. However, there is a range of single family lot sizes, which serve to provide price and building diversity within the subdivision. PUBLIC NOICE Notice of the Planning Commission public hearing has been mailed to property owners within 300 feet of the subject property, a legal ad published, and the property was posted as required by the Development Code. FINDINGS AND RECOMMENDAIONS Move to recommend approval of the Vantage Second Filing Preliminary Plat, with the findings that it is consistent with Section C (found on pages 3-4 of this Staff Report): Reminder: When making a motion for or against a Preliminary Plat, please provide clear findings in support of the proposed motion utilizing the findings in support of the Criteria necessary for approval or denial (found on pages 2-3). 4

31 CONCEP PLAN

32 WAER AVENUE LARIMER COUNY R1 VANAGE PHASE 2B R2 VANAGE PHASE 2A CR 10E (80' FUURE ROW) OWNHOMES (7.8 AC) +/- 8 UNIS/AC 62 UNIS R3 OIL & GAS PAD (4.0 AC) R3 ZONING P R1 CENRAL PARK (5.9 AC) R2 FUURE WAER AVENUE CONNECION VICINIY MAP LAND USE SUMMARY 65' X 110' ' X 110' OWNHOME Site PROJEC OAL LAND USE SAISICS OAL ACREAGE = ~201 ACRES ROW ACREAGE = ~ 38 ACRES R1 ACREAGE = ~96.6 ACRES R1 PROPOSED DENSIY = 5.1 DU/AC R3 ACREAGE = ~19.7 ACRES R3 PROPOSED DENSIY 7.9 DU/AC* (* HIS EXCLES HE OIL & GAS PAD. DENSIY WIHIN HIS AREA O BE DEERMINED WIH FUURE ENILEMEN PACKAGE.) OPEN SPACE ACREAGE = ~46 ACRES % OF SIE AS OPEN SPACE = 22% SHEE INDEX SHEE 1 - OVERALL CONCEP PLAN SHEE 2 - CONCEP PLAN ENLARGEMEN SHEE 3 - CONCEP PLAN ENLARGEMEN 0 300' 450' 600' SCALE 1" = 300'-0" NORH SEAL PROJEC ILE VANAGE Berthoud, Colorado PREPARED FOR ACCESS LAND COLORADO, LLC Carey Court Stockton, CA CALL UILIY NOIFICAION CENER OF COLORADO Know what'sbelow. Call before you dig. CALL 3 BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, OR EXCAVAE FOR HE MARKING OF UNDERGROUND MEMBER UILIIES. REVISIONS DAE Staff Comments Staff Comments PC Comments ISSUE DAE DAE JANUARY 18, 2016 SHEE ILE OVERALL CONCEP PLAN SHEE INFORMAION ZONING R-1 Sheet Number: R1 LOCAL ROADS (58' ROW) WESHAVEN PHASE 1 OPEN SPACE/ DEENION 80' FUURE ROW BUNYAN AVENUE 1 R1 Of: 3 F.O. H2O LARIMER COUNY FINAL RAIL LOCAION O BE RESOLVED WIH HANDY DICH COMPANY AS A PAR OF PLA SUBMIAL. R LOCAL ROADS (58' ROW) LARIMER COUNY OWNHOMES (7.9 AC) +/- 8.0 UNIS/AC 63 UNIS R3 ZONING R-1 LAKE VIEW AVENUE BERHO ELEMENARY SCHOOL HABIA FOR HUMANIY (MJR COLLECOR) LOVELAND RESERVOIR LCR 17

33 PROPOSED PRELIMINARY PLA

34

35

36

37

38

39

40

41

42

43

44

45

46 42" W CV V ELEC W F.O. 42" W CV COUNY ROAD 17 V MH CABLE //////// K 42" W H2O E 20" W K util FO X //////// GAS //////// GAS ES VE DRI SSIN 8"NA MOU 1" W 12" W 42 "W 5' RAIL YP. H OO WA E R EN UE 42" W AV E NU 42" W AVE OR W SP 8" WE S util 1" W BUNYAN AVENUE 1" W 12" W 12" W 1" W V.P. F.O. H VAUL Y 6" W S K 12" W H2O MH AVENUE LON G PEA LAKE VIEW AVENUE 12" W GAS 14" W 6" W 12" W ANNA BELLE DRIVE 42" W 5' RAIL YP. M MH EL HUNSMAN RIDGE DRIVE ZONING: R3 42" W NUE AVE H2O 8" W EL M W W 6" W 12" W M CS W D 6" W CS GAS W 12" MH 12" W 12" W MH H Y D CENENNIAL DRIVE 12" W WAY MH 6" W 12" W M 42" W 12"MOUN SS CENENNIAL DRIVE MOUN PARK 6" W AGE VAN ANNA BELLE DRIVE PEAK DRIVE WILLIAMS BISON PEAK DRIVE CROSS MOUNAIN8" DRIVE SS ZONING: R3 CROSS MOUNAIN DRIVE 42" W DRIVE 8"PARKWES SS MH MACGREGOR LANE DRIVE PARKWES LONE OAK DRIVE 8" SS BLACK MOUNAINDRIVE WAER AVENUE 42" W 12" SS 12" W EL MOUN CENENNIAL DRIVE 12" SS MOUN CENENNIAL DRIVE LAKE VIEW AVENUE ZONING: R1 CS 42" W CROSS MOUNAIN DRIVE 12" W CROSS MOUNAIN DRIVE PARKWES DRIVE SS 8" MACGREGOR LANE DRIVE PARKWES BLACK MOUNAIN DRIVE ZONING: R1 LONE OAK DRIVE ZONING: R3 ZONING: R3 42" W W 12" W 6" W MH WV MH MH (COUNY ROAD 8-E) 12" W 14" W VANAGE PARKWAY ER WA GAS 1" W S 14" W Y D BUNYAN AVENUE V.P. W H2O H2O 42" W H 12" W H2O CAV H2O 1" W ZONING: R1 ZONING: R2 42" W 5' RAIL YP. 12" W GAS WW 20"12" WESHAVEN PHASE 1 UE D ZONING: LARIMER COUNY VANAGE FIRS FILING LAKE VI EW AVEN ZONING: R1 42" W DRI SS VE X ZONING: R2 AIN 8" UN MO 12" W 20" W WESHAVEN PHASE 2 SAW X 12" W 20" W 12" SS 12" W 42" W H util Y DIC HAND X ES 12" W 20" W ZONING: R1 S GAS F VANAGE FIRS FILING util H2O 20" W 12" W "W 42 ELEC X ES 12" SS 1" W "W 42 WAER AVENUE X 20" W DUCH PEAK DRIVE H OO SAW ES X util 20" W F WAER AVENUE K K K KK K LOVELAND RESERVOIR VAUL FO F F E E C ZONING: AG C FO FO FO FO FO FO FO X X FO X (60' PUBLIC ROW) CV CV CV CV FO FO FO LCR 17 SAWOOH MOUNAIN DRIVE F DRIVE SAWOOH MOUNAIN WESPOR AVENUE WESPOR AVENUE ES UE EN 20" W //////// AV GAS OR WESPOR AVENUE VANAGE PARKWAY V.P. Y ELEC WA G RK PA ELEC SP WE G AG E W 8" W N VA 12" W 12" W 12" W 12" W 12" W G LCR 17 SS 12" 12" W MM 6" W EL 12" W 5' RAIL YP. 5' RAIL YP. 5' RAIL YP. 42" W LILE CONE DRIVE 5' RAIL YP. MH 14" W 10"SS 10" SS VANAGE PARKWAY 10" SS MOUN JACKSON DRIVE E W D DRIVE HUNSMAN RIDGE HUNSMAN RIDGE DRIVE VANAGE PARKWAY 10" SS CANAAN SREE 10" SS CANAAN SREE 10" SS Y E PARKWA VANAG 10" SS AY E PARKW VANAG //////// 10" SS VANAGE PARKWAY SS 10" SS 8" PEAK DRIVE BISON BLACK MOUNAIN DRIVE PARKWES DRIVE //////// CROSS MOUNAIN DRIVE //////// BISON PEAK DRIVE X MOUN CENENNIAL DRIVE //////// "W X //////// X //////// 8"SS //////// W //////// 8" SS H2O 14" W 12" W 14" W SS 12" W 8" 12 M C MH MH MH MH MH ELE S W CS MH MH MH 6" W OHU ZONING: R1 MH 42" W ZONING: P 14" W 3 5 Sheet Key: Plant List ,095 S.F. 83,964 S.F. Legend BUILDER INSALLED REES EXISING REES SEEL EDGER, ROUNDED OP ALL SHRUB BED AREAS O RECEIVE MINIMUM 4"-6" SHREDDED CEDAR WOOD MULCH SHREDDED CEDAR WOOD MULCH DURA-URF SOD IRRIGAED URF 1,401,864 S.F. SF BD A FDP. IRRIGAED REES IN NAIVE URF AREAS ARKANSAS VALLEY SEED MIX (OR APPROVED EQUAL) IRRIGAED NAIVE FOOHILLS GRASS MIX SCALE 1" = 250'-0" 0 250' 375' 500' NORH Call before you dig. SHEE 2 OF 18 SHEE INFORMAION Overall Site & Landscape Plan SHEE ILE DAE NOVEMBER 9, 2016 ISSUE DAE DAE Staff Comments REVISIONS CALL 3 BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, OR EXCAVAE FOR HE MARKING OF UNDERGROUND MEMBER UILIIES. Know what's below. R CALL UILIY NOIFICAION CENER OF COLORADO NO FOR CONSRUCION FOR REVIEW ONLY 8678 Carey Court Stockton, CA ACCESS LAND COLORADO, LLC. PREPARED FOR Berthoud, Colorado Preliminary Landscape Plans VANAGE PROJEC ILE SEAL

47 PREFERRED LAND USE PLAN/ZONING MAP AND POR PLAN FOR REFERENCE

48 AG Lonetree Reservoir Coleman Reservoir R1 P AG P R3 P C P R2 R1 P 11 P 15 R R2 M1 P Bacon Lake R3 R3 R3 M2 C1 R2 R1 P M1 C2 10 R1 AG R1 P C2 M2 P Newell Lake Little hompson River Revisions: Date Project Ordinance 3/31/11 Annual Update 3/27/12 Rezone C2 to C1 9/1/13 Annual Update 1121, 1160, , /9/14 Annual Update 5/30/14 Annual Update 3/13/15 Annual Update homas Reservoir AG 27 C2 his map product 34 and all underlying data are developed for use by the own of Berthoud for its internal purposes and for general use by members of the public. he own makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, property boundaries, or placement of location of any map features thereon. he own of Berthoud makes no warranty of merchantability or warranty for fitness of use for particular purpose, expressed or implied, with respect to this map product. Any users of this map product accepts same as is, with all faults, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the own harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the own having made this information available Dry Creek Welch Reservoir McNeil Reservoir Loveland Reservoir P Ish Reservoir M2 Berthoud Reservoir C1 R1 R3 R3 R3 R2 R1 R2 R2 AG R AG R3 R3 M2 M1 R5 R1 M2 C2 R2 R3 R1 Sunnyslope Reservoir 12 P C M2 Baxter Lake M2 AG Rockwell Reservoir Chapman Reservoir Hummel Reservoir own of Berthoud, Colorado Multi-Family DeFrance Reservoir District P P AG AG P Davis Reservoir Districts Zoning Map Agriculture District Single Family District Limited Multi-Family District 287 Larimer County Weld County Æÿ NR69W 04NR69W City of Loveland 05NR68W 04NR68W AG RI R2 R3 R4 R5 N Mixed Use District Manufactured Home District raditional Neighborhood District 04NR69W 04NR68W own of Mead C1 C2 M1 M2 P Neighborhood Commercial District General Commercial District Light Industrial Johnstown District Reservoir Industrial District Planned Unit Development District ransition District 25 Berthoud Growth Management Boundary ,500 3,000 Feet 1 inch = 1,575 feet Map prepared by Barkeen Landscape Design, LLC Data provided by Larimer County, Weld County and the own of Berthoud. F

49 BERHO Jaskowski Conservation Easement Hopkins Conservation Easment Dunkin CE kj kj Yeager Farm CE kj Loveland kj LCR 17 1st Street C 23 LCR 10 WCR 7 LCR 19 LCR 8 Mountain Ave Neil CE kj LCR WCR 44 WCR 5 WCR 3 WCR 1 LCR 13 Larimer County Weld County High Density Mixed Use Residential his designation supports higher density residential development, such as townhomes, condominiums and traditional multi-family, but also mixed uses including retail, commercial, office, service, business, workshop, and related uses. Land within this designation may grow to be a rich pedestrian oriented and mixed-use environment where shops, housing, employment and services would all be found. Residential densities are supported between 6 and 14 dwelling units per gross acre in this land use designation. LCR 4 Heron Lakes Regional Open Space LCR 6 LCR 14 LCR 4E LCR WCR 40 Æÿ 56 WCR 48 Burlington Northern Railroad Low Density Suburban Residential Lonetree Reservoir Coleman Reservoir Welch Reservoir Reservoir LCR 10E Bunyan Ave Spartan Ave 287 LCR 10 Bacon Lake Baxter Lake Æÿ 60 Berthoud Reservoir Sunnyslope Reservoir Commercial/Office his Plan designation supports small-scale downtown commercial uses such as resturants, specialty retail, pharmacies, civic uses as well as larger regional commercial opportunities, office spaces, and technology companies. Low Density Rural Residential his land use designation is intended to support traditional residential neighborhoods primarily, but not exclusively, in single-family home development. Overall residential density in these areas may range from 2 to 6 dwelling units per gross acre. While single family residential is the primary land use, additional uses such as churches, schools, medical and dental clinics, offices and general retail are permitted. his designation is characterized by single and multi-tenant uses and corporate campuses. Employment uses commonly include corporate headquarters, research and development facilities, laboratories, offices, and industrial. Both light and heavy industrial land uses are supported within this land use designation. WCR 46 Newell Lake Rockwell Farm CE Hummel Reservoir Hofmeister Farm CE WCR 42 LCR 15 he Low Density Rural Residential land use designation represents the most natural, least developed, most rural residential areas within the Berthoud GMA. It is intended to support rural-oriented residential development that preserves significant areas of either farmland or open space. Residential lot size in this designation would be a minimum of 2 acres, yielding a maximum density of less than 0.5 dwelling unit per gross acre. his designation is essentially intended to support existing development in either Weld or Larimer counties, as they would be annexed into Berthoud. A reduction in lot size is possible if development is clustered on the property. Employment Loveland GMA Boundary Johnstown GMA Boundary Larimer County Boulder County 0 Ish Reservoir Park, Civic, Natural Preserve and Open Space Mead GMA Boundary 1,250 2,500 5,000 Feet Boulder County Weld County his designation identifies areas of the incorporated own as well as within the larger GMA that have been, or could be, preserved as conservation easements or for use by the public. Adopted April 10, 2014 and ratified on May 6, Low Density Rural Residential (Up to 0.5 DU/AC) Low Density Suburban Residental (Up to 2 DU/AC) Moderate Density Residential (2 to 6 DU/AC) High Density Mixed Use Residential (6-14 DU/AC) Commercial/Office Employment Berthoud Growth Management Area/Boundary Natural Preserve/Open Lands (Parks, Bodies of Water, Hwy 287 Buffer, rail Corridor Conservation Easement (CE) Irrigation Ditches)!!!!! he Low Density Suburban Residential land use designation represents a transition from rural residential to higher density traditional single family neighborhoods. his designation supports a slightly higher overall density that remains single-family detached home developments on larger lots. Overall residential density in these areas could range up to 2 units per gross acre. A reduction in lot size is possible if development is clustered on the property. Moderate Density Residential!! Dry Cre ek! Little hompson River!!! I-25 Sub-Area Plan Boundary kj View Corridor Areas that may serve to preserve views to agricultural lands, natural areas and mountains along major roadway corridors. Mixed Use General Commercial Neighborhood Commercial Low Density Residential (1-3 DU/AC) Medium Density Residential (3-8 DU/AC) High Density Residential (8-20 DU/AC) Convenience Commercial Parks and Open Space Employment Flex - Office/Residential Little hompson River Corridor/ ertiary Drainage Corridor ransit 1. Open space illustrated on the I-25 Sub-Area Land Use Plan includes the Little hompson River floodplain and secondary intermittent drainages. It is the intent of the Land Use Plan that permanent open space shall represent a minimum of 30 percent of the total gross land area upon buildout. 2. Road alignments and land use areas shall be in substantial compliance with this Land Use Plan. Minor deviations in road alignments and the size of Land Use category acreages (ten percent minmum) may be allowed, subject to Administration approval, but shall not increase the allowable number of dwelling units or the gross floor area of the land use categories original size. Notes to the Preferred Land Use Plan: 1. Approved final plats shall supercede preferred land uses shown herein. 2. he I-25 Sub-Area Plan adopted June 3, 2003, is incorporated into the 2014 Comprehensive Land Use Plan as adopted.,,,,, View Corridor Locations on or adjacent to public lands or rights-of-way that have great views of agriculture lands, natural areas and mountain areas to the west and south of Berthoud. View preservation techniques will be explored for these areas. Area of Community Influence Along the I-25 corridor, just outside of the GMA, the town has established an Area of Community Influence, where future land use activities may have an impact on land uses or infrastructure within the own of Berthoud. hese areas are where Berthoud is near or adjacent to the towns of Johnstown and Loveland and where land in the Area of Community Influence could become incorporated into the Berthoud GMA over time and eventually annex to the community.!,,,, 640 Acres 360 Acres 160 Acres 40 Acres 1 Mile own of Berthoud Area of Community Influence (ACI)!

50

51 SAFF REPOR REZONING/CONCEP PLAN GAEWAY PARK DAE: April 13, 2017 Applicant: GENERAL INFORMAION Craig Wrigley, agent for Sunriver Development Corporation, LLC Size: 2.28 P parcel Site Location: Applicant's Request: Current Zoning: 2.28 acres P Comm he property is located at the Northwest Corner of LCR 17 and Lake Ave. o rezone 2.28 acres from Planned Unit Development (P) to Singlefamily Residential (R-1), and to rezone acres from ransitional () to Limited Multi-family (R-2) Proposed Zoning: 2.28 acres to Mixed Use (R-4) ZONING DISRIC INFORMAION Existing District and P; Proposed District R-2 P R-4 Min. Lot Size Commercial 3,500 Min. Lot Width SF ; 25 attached Front Setback BY FDP 20 Side Setback BY FDP 5 one story; 7 6 two stories Rear Setback BY FDP 20 min; 4 on alley Building Height: BY FDP 50 SURROUNDING ZONING, LAND USE AND REQUIRED BUFFERS Adjacent Zoning Adjacent Land Uses Setbacks for Adjacent Zoning /Buffer required if rezoned North: Gateway Outlot Outlot Vacant for Stormwater N/A P/County Agricultural Zoning ransitional Zone has SF home South: P Gateway Vacant to Lake Drive. Adams Bank N/A across Lake Drive East: ransitional-waggener Park Waggener Farm Park N/A West: P Gateway Single Family attached homes N/A Attachments: 1. Concept Plan 2. Rezoning Map

52 PROPOSAL he applicant is proposing to rezone 2.28 acres from Planned Unit Development (P) to Mixed Use (R- 4). Residential (R-2), and acres from ransitional (), also to Limited Multi-family Residential (R- 2). he rezoning of the northern acre section of this property from ransitional () to Limited Multi-family Residential (R-2) was approved at the March 28 th own Board meeting. At the same meeting, the own Board turned down the request on this property for this 2.28 acre portion from P to R-2, and also sent the application back to the Planning Commission with a recommendation for the Mixed Use (R-4) district. he own Board also did not approve the Concept Plan, as it was contingent on the R-2 zoning for the entire property. he Applicant has revised the Concept Plan based on comments the Applicant received from the own Board. he new Concept Plan depicts 55 lots, with 55 overall dwelling units, 49 as single family houses, and 6 as attached single family homes or duplexes. his amounts to a reduction of 16 dwelling units, with an increase of 15 single family units, and a reduction of 28 duplexes. he new layout removes the hammerhead road (which previously accessed the existing private alley) to the Northwest of the acre portion and instead is replaced by a stub street, with a partial cul-de-sac that provides the necessary turn around for emergency vehicles. 13 th Avenue will still be extended from the South, and will loop to the West to the interior of the proposed lots. A small cul-de sac will be built on the East, instead of a curved street section. he 2.28 acre R-4 section is now comprised of a detention pond, a commercial lot utilizing the existing entrances off of Lake Avenue, and six duplexes. All streets except for one continued private alley will be public and have been widened to satisfy the own s street standards. BACKGROUND he 2.28 acre parcel was part of the Gateway Park P, which was approved by the own in 2002 and consisted of over 77 acres. he approved P allows a mixture of uses, from commercial/office, multifamily and single family, assisted living, and a medical campus. Since 2002, the property has been revised a number of times, with the last change consisting of a FDP allowing the townhouses/attached single family houses to the west of the 2.28 acre portion the applicant is proposing to rezone, and commercial/office approved for the 2.28 acre portion as depicted on the plans included in this packet. Infrastructure was installed on this 2.28 acre portion, including two commercial curb cuts, and a section of commercial parking. 2

53 he acre portion was annexed into the own over ten years ago, with a ransitional zoning classification. An older farm house sits on the property, with a driveway off of LCR 17. he ransitional zoning classification is intended as a temporary holding district while the property owner and the own decide what zoning classification best fits the future land use plan and existing uses. In this case however, the tag was never removed and the property owner is only allowed the existing uses on the property, and any changes, including building additions, require a rezoning action. A rezoning proposed by the Applicant to Single-Family (R-1) for nine single-family lots on a cul-de sac was previously applied for on the 2.28 acre parcel, and turned down by the Planning Commission in July 2016 with a 6-1 vote. PREFERRED LAND USE he own s Preferred Land Use Map designates the entirety of the 2.28 acre area as Commercial, and half of the acre area as commercial, with the remainder as high density residential (6-14 dwelling units per acre). Commercial according to the Comprehensive Plan: Supports small-scale downtown commercial uses as well as larger regional commercial opportunities, office spaces, and technology companies. Staff finds that 2.28 acre portion requested as Mixed Use (R-4) with this rezoning is consistent with the Preferred Land Use Plan. REZONING CRIERIA/FINDINGS he criteria in Section B of the Development Code for amending the official zoning map requires at least one of the following criteria to be met (with Staff analysis regarding each point below): 1. o correct a manifest error in an ordinance establishing the zoning for a specific property; or x. Staff is not aware of any error on the 2.28 portion. 2. o rezone an area or extend the boundary of an existing district because of changed or changing conditions in a particular area or in the own generally; or he own has adopted a new Development Code, which has changed the conditions of the previous approvals for Gateway Park. It is not appropriate for the own to continue to approve sections of long expired P s based on the standards of the old Development Code. Residential development has been recently planned and approved in the surrounding area, and should serve to increase the demand and need for nearby commercially zoned properties. 3. he land to be rezoned was zoned in error and as presently zoned is inconsistent with the policies and goals of the own Comprehensive Plan; or 3

54 x. Staff is not aware of any error on the 2.28 parcel: 4. he proposed rezoning is necessary to provide land for a community-related use that was not anticipated at the time of the adoption of the own Comprehensive Plan, and the rezoning will be consistent with the policies and goals of the Comprehensive Plan; or he proposed use of mixed use conforms with the own s Preferred Land Use Map, which designates this property for Commercial development, which supports small-scale downtown commercial uses as well as larger regional commercial opportunities, office spaces, and technology companies. 5. he area requested for rezoning has changed or is changing to such a degree that it is in the public interest to encourage development or redevelopment of the area; or In regards to the 2.28 acre parcel: As aforementioned in factor #2, the commercial office nature of this portion of the Gateway P has not occurred, while the townhouse/attached residential uses have been built. Since this section was also anticipated for attached townhouses, the proposed duplex/attached homes a similar product and use. he property was clearly developed to service the heavier traffic and demands of a commercial/office use as this rezoning would serve, as commercial grade entrances and even some parking has already been constructed. he entrance off of aft to Lake Avenue would also meet commercial standards. Residential development has been recently planned and approved in the surrounding area, and should serve to increase the demand for nearby commercially zoned properties. Rezoning a commercially zoned property in one of the major corridors of the own does not serve to encourage the overall development of the surrounding area, or the own. 6. A rezoning to Planned Unit Development Overlay (P) district is requested and approved per provisions of this code. x. his factor is not applicable to either parcel. Final Staff Findings on Rezoning Staff finds that the 2.28 parcel proposal clearly satisfies the rezoning criteria, and also the preferred land use map. CONCEP PLAN he own shall use the following criteria in addition to other applicable provisions of this Code to evaluate the applicant s concept plan application: 1. he land use mix within the project conforms to Berthoud s Zoning District Map and Comprehensive Plan Preferred Land Use Map and furthers the goals and policies of the Comprehensive Plan. 4

55 he proposed use of mixed use in the 2.28 acre portion does not conform to the own s Preferred Land Use Map, which designates this property for Commercial development, which supports small-scale downtown commercial uses as well as larger regional commercial opportunities, office spaces, and technology companies. High Density residential was planned for a portion of the Northern acre area, and the R-2 zoning district does allow density of up to 8 units per acre which is within the 6-14 dwelling unit per acre range, making it partially consistent with the Preferred Land Use Plan of the Comprehensive Plan. 2. he concept plan represents a functional system of land use and is consistent with the rationale and criteria set forth in this Chapter, the own Comprehensive Plan, and the Parks, Open Space and Recreation (POR) Plan as amended. A functional transition of land uses would locate higher order uses such as commercial and multifamily next to the major streets, and plan for lower density uses away from the major streets. his proposal satisfies this with the R-4 zoning as the Southern and Southwestern portions have a section of duplexes in between the proposed commercial. he landscape area would not satisfy the 7% open space requirement. However, there is quite a bit of open space and parks within the adjoining Gateway development. 3. he utility and transportation design is adequate, given existing and planned capacities of those systems. he Concept Plan traffic and utility design allows for the use and extension of the infrastructure (roads, sewer, etc.) of the Gateway development. he Concept Plan also does not add any additional curb cuts onto LCR 17, and utilizes the existing commercial entrances as road/access to the Northern lots, for a partial continuation of the grid pattern of Gateway. he commercial entrances, as well as the entrance off of Lake Avenue, were built for the higher needs of commercial/office uses, and would serve this R-4 development. he design is quite a bit more elegant and functional than previous concept plan submittals from the Applicant. 4. Negative impacts on adjacent land uses have been identified and satisfactorily mitigated. As aforementioned, generally, low density residential development is located well off of main roads in major developments and away from the main commercial entrances. his is done to reduce traffic, glare and noise produced by such roads and commercial entrances. he northern section does plan for lower density houses adjacent to LCR 17. he landscaped outlot to the southeast does provide a noise and sound buffer from LCR 17, and now only two single family lots abut LCR 17, which is a significant improvement from the last Concept Plan. 5

56 5. here is a need or desirability within the community for the development and the development will help achieve a balance of land use and/or housing types within Berthoud according to own goals. his project will add to the own s housing stock and diversity by adding s mixture of uses commercial, duplexes, and singly homes marketed to retirement age adults. 6. he project has shown efforts to preserve wetlands, view corridors and natural features of the site. here are no wetlands on site, and the site is relatively flat. As aforementioned in #4, the Concept Plan is a significant improvement from previous iterations. PUBLIC NOICE Notice of the Planning Commission public hearing has been mailed to property owners within 300 feet of the subject property, a legal ad published, and the property was posted as required by the Development Code. FINDINGS AND RECOMMENDAIONS Staff recommends approval of the request to rezone 2.28 acres from Planned Unit Development (P) to Mixed Use (R-4), finding that: 1. he request satisfies the applicable zoning amendment criteria of Section B of the own s Development Code as found on pages 3-4 of this Staff Report; and 2. Is consistent with the own of Berthoud s Comprehensive Plan and Preferred Land Use Map. Staff recommends approval of the Concept Plan finding that : 1. he Concept Plan satisfies the applicable requirements of the Development Code and the respective zoning districts requested; Reminder: When making a motion for or against a map amendment, please provide clear findings in support of the proposed motion utilizing the findings in support of the Criteria necessary for approving or denying a Rezoning and Concept Plan (found on pages 3-6). 6

57 CONCEP PLAN

58 DRAWN: JN DAE: 03/28/17 CHECKED: AH 03/28/17 REVISION #: --- DAE: --- JOB NO: CO1317A CONCEP PLAN DAE: GAEWAY GREENS SUBDIVISION SUNRIVER DEVELOPMEN BERHO, COLORADO CONCEP PLAN SUBMIAL: 04/06/17 CONCEP PLAN GAEWAY GREENS SUBDIVISION N CP 1

59 DRAWN: JN DAE: 04/03/17 CHECKED: AH DAE: 04/03/17 REVISION #: --- DAE: --- JOB NO: CO1317A CONCEP PLAN GAEWAY PARK NORHEAS SUNRIVER DEVELOPMEN BERHO, COLORADO CONCEP PLAN SUBMIAL: 04/06/17 CONCEP PLAN GAEWAY PARK NORHEAS N CP 1

60 PREVIOUSLY SUBMIED CONCEP PLAN

61 DRAWN: JN DAE: 08/15/16 CHECKED: AH 01/06/17 REVISION #: 2 DAE: 01/06/17 JOB NO: CO1317A CONCEP PLAN DAE: GAEWAY PARK NORHEAS SUNRISE DEVELOPMEN BERHO, COLORADO CONCEP PLAN SUBMIAL: 01/06/17 CONCEP PLAN GAEWAY PARK NORHEAS N CP 1

62