HomeMy WebLinkAboutPROVINCETOWNE FILING FOUR - PDP - PDP110016 - DECISION - MINUTES/NOTESProjec
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Provincetowne Filing Four Pruject Development Plan, # PDP110016
Administrative Hearing Findings, Conclusions, and Decision
November 7, 2011
Page 5 of 5
1) The applicant has properly dedicated rights -of way (ROW) for public
streets, access easements, drainage easements, and utility
easements as needed to serve the area being platted. The ROW for
Snowy Plain Road was previously dedicated by the Provincetowne
Filing Three subdivision plat. The access, drainage, and utility
easements necessary to serve these lots will be dedicated with the
Provincetowne Filing Four subdivision plat, if approved and filed, or by
separate document(s) as may be needed in the future.
5. ARTICLE 4 — Districts:
The Provincetowne Filing Four, PDP complies with applicable Permitted Uses, Land Use
and Development Standards in Division 4.5 Low Density Mixed -Use Neighborhood
District..
SUMMARY OF CONCLUSIONS
A. The Provincetowne Filing Four, PDP satisfies the procedural requirements located in
Division 2.1 - General Procedural Requirements, Division 2.2 - Common Development
Review Procedures for Development Applications and Section 2.4 - Project
Development Plan.
B. The Provincetowne Filing Four, PDP satisfies the applicable standards located in
Section 3.2.1(D)(2)(a) - Street Trees and Section 3.3.1 - Plat Standards.
C. The Provincetowne Filing Four, PDP satisfies applicable Permitted Uses, Land Use and
Development Standards.
DECISION
The Provincetowne Filing Four Project Development Plan, # PDP110016, is hereby approved
by the Hearing Officer without condition.
Dated this 7th day of November 2011 per authority granted by Sections 1.4.9(E) and 2.1 of the
Land Use Code.
Ted Shepard if
Chief Planner
Provincetowne Filing Four Project Development Plan, # PDP110016
Administrative Hearing Findings, Conclusions, and Decision
November 7, 2011
Page 4 of 5
The subject property is part of the Provincetowne Amended ODP that was approved by
the Planning and Zoning Board on December 16, 1996 for single family and multi -family
residential, neighborhood commercial, and neighborhood parks and open space uses on
160.0 acres. The Board placed a limit of 955 residential dwelling units on the 160 acres,
with a maximum residential density of 5.97 dwelling units per acre, on their approval.
City Council upheld this decision at their public hearing on February 25, 1997.
The subject property is Outlot A, Block 2 of Provincetowne Filing Three, PDP that was
approved by the Director of Planning in November, 2006 and identified on the
subdivision plat to be "Reserved by Owner for Future Development".
2. ARTICLE 2 - Administration:
The Provincetowne Filing Four, PDP complies with the applicable requirements of
Division 2.1 - General Procedural Requirements, Division 2.2 - Common Development
Review Procedures for Development Applications, and Section 2.4 - Project
Development Plan.
3. ARTICLE 3 - General Development Standards:
The Provincetowne Filing Four, PDP complies with the applicable requirements of the
Section 3.2.1(D) Street Trees and the plat requirements located in Section 3.3.1 - Plat
Standards.
A. The Landscape Plan is in compliance with Section 3.2.1(D)(2)(a)
Because two (2) or more consecutive residential lots along a
street (in this case all 11 lots) each measure between forty (40)
and sixty (60) feet in street frontage width, one (1) tree per lot is
being substituted for the thirty-foot to forty -foot spacing
requirement.
B. The subdivision plat is in compliance with Section 3.3.1(A)
C. The subdivision plat is in compliance with Section 3.3.1(B)
1) The lots have direct vehicular access to a public street (Snowy Plain
Road). Lots 1 - 11 front on the street. The side lot lines are
substantially at right angles or radial to the street lines.
2) The general layout of lots, roads, driveways, utilities, drainage
facilities and other services to the property have been previously
established in the surrounding residential neighborhood.
D. The subdivision plat is in compliance with Section 3.3.1(C)
Provincetowne Filing Four Project Development Plan, # PDP110016
Administrative Hearing Findings, Conclusions, and Decision
November 7, 2011
Page 3 of 5
FACTS AND FINDINGS
EXECUTIVE SUMMARY:
This request is to plat 8.34 acres into 11 single-family residential lots and Outlot A. This is a
replat of Outlot A of Provincetowne Filing Three.
The request complies with:
Procedural requirements per Division 2.1 - General Procedural Requirements, Division
2.2 - Common Development Review Procedures for Development Applications and
Division 2.4 - Project Development Plan, -
Landscape and plat requirements per Section 3.2.1(D)(2)(a) Street Trees and Section
3.3.1 - Plat Standards; and, the applicable Land Use and Development Standards;
Land use and development standards per Division 4.5 Low Density Mixed -Use
Neighborhood.
COMMENTS:
1. Background:
The surrounding zoning and land uses are as follows:
N: LMN: single-family residential (Provincetowne Filing Three)
S: POL: City -owned property (Pelican Marsh Natural Area,
undeveloped land)
E: LMN: single-family residential (Provincetowne Filing Three)
W: LMN, POL: single-family residential (Provincetowne Filing Three);
City -owned property (Pelican Marsh Natural Area,
undeveloped land)
The subject property was annexed into the City as part of the Halcyon Annexation in
December, 1980.
The subject property was part of the original Provincetowne PUD Master Plan that was
approved by the Planning and Zoning Board in November, 1982 for single family and
multi -family residential, commercial, park, and industrial uses on 410 acres.
The subject property was part of the Amendment to the Provincetowne Overall
Development Plan (ODP) that was approved by the Planning and Zoning Board on
October 26, 1987 for single family and multi -family residential, church, business service,
neighborhood and regional shopping, and recreational uses on 426 acres.
The Planning and Zoning Board approved the Second Amendment to the Provincetowne
ODP on September 27, 1993 for the purpose of allowing multi -family residential on a
portion of Tract B, previously approved for single family residential. This approval
changed 7.64 acres (located at the southwest corner of South Lemay Avenue and Trilby
Road) of the overall 30.14 acre Tract B from a single family to multi -family use.
Provincetowne Filing Four Project Development Plan, # PDP110016
Administrative Hearing Findings, Conclusions, and Decision
November 7, 2011
Page 2 of 5
PUBLIC HEARING
The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing
at approximately 4:30 p.m. on November 2, 2011 in Conference Room A at 281 North College
Avenue, Fort Collins, Colorado.
HEARING TESTIMONY, WRITTEN COMMENTS AND OTHER EVIDENCE
The Hearing Officer accepted during the hearing the following evidence: (1) Planning
Department Staff Report; (2) application, plans, maps and other supporting documents
submitted by the applicant and the applicant's representatives to the City of Fort Collins; (3) a
sign up sheet of persons attending the hearing; and (4) a tape recording of the hearing. The
LUC, the City's Comprehensive Plan (City Plan), and the formally promulgated policies of the
City are all considered part of the evidence considered by the Hearing Officer.
The following is a list of those who attended the meeting
From the City:
Steve Olt, City Planner
From the Applicant:
Cole Evans, Provincetowne West LLC, 2725 Rocky Mountain Avenue, #200, Loveland,
CO 80538
John Meyers, JR Engineering, P.O. Box 1282, Ault, CO 80610
Lee Martin, Vignette Studios, P.O. Box 1889, Fort Collins, CO 80522-1889
Mike Steinmetz, 2535 W. 1151h Drive, Westminster, CO 80234
From the Public:
Larry and Cherie Evans, 7327 Crooked Arrow Lane, Fort Collins, CO 80525
Hiram and Bev Garber, 804 Crooked Creek Way, Fort Collins, CO 80525
Donald Venneberg, 7315 Crooked Arrow Lane, Fort Collins, CO 80525
Written Comments:
None
CITY OF FORT COLLINS
ADMINISTRATIVE HEARING OFFICER
TYPE I ADMINISTRATIVE HEARING
FINDINGS, CONCLUSIONS AND DECISION
ADMINISTRATIVE HEARING DATE
PROJECT NAME:
CASE NUMBER:
APPLICANT:
OWNER:
HEARING OFFICER:
PROJECT DESCRIPTION:
November 2, 2011
Provincetowne Filing Four Project
Development Plan
#PDP110016
Provincetowne West LLC
c/o Cole Evans
2725 Rocky Mountain Avenue
Loveland, Colorado 80538
Same as Applicant
Ted Shepard
Chief Planner
This request is to plat 8.34 acres into 11 single-family residential lots and Outlot A. Lots 1 — 11
will range in size from 6,932 square feet to 9,944 square feet (similar to existing lots in the area)
and Outlot A will be 279,590 square feet (6.42 acres) in size. This is actually a replat of Outlot A
of Provincetowne Filing Three.
This proposed project is located on the southwest side of Snowy Plain Road, across from White
Goose Way and Shadow Ridge Drive in the Provincetowne development. The property is
zoned LMN, Low Density Mixed -Use Neighborhood in the City of Fort Collins.
SUMMARY OF HEARING OFFICER DECISION:
ZONING DISTRICT: LMN, Low Density Mixed -Use Neighborhood
NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established no
controversy or facts to refute that the hearing was properly
posted, legal notices mailed and notice published.
Planning, Development & Transportation Services
Fort Collins
November 7, 2011
Community Development & Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.416.2740
970.224.6134- fax
fcgov.com
Attendee of the Provincetowne Filing Four Project Development Plan, # PDP110016
Public Hearing,
Please find attached to this letter a copy of the Type I Administrative Hearing Findings,
Conclusions and Decision for the Project Hearing of the Provincetowne Filing Four
Project Development Plan, # PDP110016.
Pursuant to Section 2.2.7(D) of the Fort Collins Land Use Code, this Decision has been
mailed to the applicant and any person who attended and/or provided testimony at the
public hearing held on November 2, 2011.
This final decision of the Administrative Hearing Officer may be appealed to the City
Council, in accordance with Chapter 2, Article ll, Division 3 of the City Code, within 14
calendar days of the date of final action November 7, 2011 by the Hearing Officer. The
deadline to file an appeal is 5:00 p.m. on November 21, 2011. Guidelines explaining
the appeal process, including the Code provisions previously referenced, can be found
online at fcgov.com/cityclerk/appeals.php, or may be obtained in the City Clerk's Office
at 300 LaPorte Avenue.
If you have any questions about the attached Decision or the appeal process, please
contact me at 970-221-6343.
Sincerely,
Ted Shepard
Chief Planner