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HomeMy WebLinkAboutMCCLELLANDS CREEK THIRD FILING - MAJOR AMENDMENT - 28-09 - DECISION - CORRESPONDENCE-HEARINGe G(�l. � YI,U-L Administrative Public Hearing Sign -In Project: Meeting Loc tion: olw, i Date: IV/, q /rS 9 PLEASE PRINT CLEARLY ,Wee - .; Y/ .� - Y e� ■ McClelland's Creek Thiro Filling, Major Amendment, #28-09 Administrative Hearing Findings, Conclusions, and Decision October 23, 2009 Page 9 of 9 Larimer County and the City of Fort Collins. This plan is an element of the City's Comprehensive Plan. H. With regard to traffic, both Kechter and Strauss Cabin Roads are classified as minor arterial streets. Neither is fully constructed to the ultimate cross-section for this level of road at this time. Future improvements include a westbound left -turn lane on Kechter Road for access into the site as per the Transportation Impact Study. The concerns relating to speeding have been relayed to the Traffic Operations Department. With regard to the inconvenience of living near a large construction project, the Hearing Officer is aware of the issues surrounding the construction activity associated with Observatory Village. The City of Fort Collins Engineering Department employs inspectors that monitor dust, noise, litter, hours of operation and other aspects of construction. Complaints may be directed to the City for investigation and enforcement where warranted. J. The weight of the evidence established that the project complies with the applicable development standards and with other City of Fort Collins standards with respect to the citizen concerns raised during public testimony. Based on the evidence taken at the hearing, the Hearing Officer finds that overall the Major Amendment complies with the applicable sections of the Land Use Code. DECISION The McClelland's Creek Third Filling, Major Amendment, #28-09, is hereby approved by the Hearing Officer without condition. Dated this 23rd day of October, 2009, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Ted Shepard Chief Planner McClelland's Creek Third Filling, Major Amendment, #28-09 Administrative Hearing Findings, Conclusions, and Decision October 23, 2009 Page 8 of 9 C. The Major Amendment complies with all applicable Land Use and Development Standards contained in Article 4 - Division 4.5 Low Density Mixed -Use Neighborhood. D. The concerns expressed by the citizens were considered. Development on the fringe of the City of Fort Collins Growth Management Area typically will precede the public improvements necessary to serve the newly developing neighborhoods. This is a fiscally prudent policy in that public investment in infrastructure serving new growth should not be derived from existing residents but, rather, paid for by developers so that growth pays its own way. This policy, however, leads to frustration for residents living in the path of new development. Experience shows that this frustration is short-lived as new development funds the necessary public improvements so that over time, the gap between the impact and the mitigation is closed. E. With regard to the buffering, and with respect to the residents of Fossil Lake Ranch, the open space tract between the two projects is not controlled by the applicant. The primary function of the open space is to provide for public stormwater management. Secondarily, the tract provides a logical location for an underground sewer main. Thirdly, the channel is convenient location for a recreational trail that will link to Staley Park and Zach Elementary School. Subordinate to these three functions, and only with the participation and approval of the affected agencies, is the buffering aspect. Residents of Fossil Lake Ranch are encouraged to continue their efforts to coordinate with the various agencies about potential landscape improvements in this channel. Fossil Lake Ranch and McClelland's Creek Third Filing are similarly zoned. The Land Use Code can require buffering between incompatible uses as per Section 3.2.1(E), Section 3.5.1(H) but the two neighborhoods are found to be compatible. Improving this channel for benefit of buffering between two neighborhoods that are similarly zoned is not the responsibility of this applicant. F. With regard to school overcrowding and with respect to the resident of Observatory Village, this issue is not within the purview of the Land Use Code. Instead, the Poudre School District collects a building permit fee on a per dwelling unit basis. Concerns with school overcrowding are best directed to the Poudre School District. G. With regard to density, the residential density of 4.6 dwelling units per gross acre complies with the LMN requirement that density not exceed 8.00 dwelling units per acre. The LMN zoning for this parcel was established by the Fossil Creek Reservoir Area Plan, jointly adopted by McClelland's Creek Thiro Filling, Major Amendment, #28-09 Administrative Hearing Findings, Conclusions, and Decision October 23, 2009 Page 7 of 9 For the resident from unincorporated Larimer County, the primary concern was with the mismatch between existing rural density and the proposed urban density. In addition, the project will increase traffic leading to air pollution. New development will bring construction debris, diesel fumes, noise and other inconvenient intrusions. The intersection of Strauss Cabin and Kechter Roads is not properly controlled and there is excessive speeding on both roads. In response, with regard to buffering, the applicant indicated that the drainage channel that separates the project from Fossil Lake Ranch is owned by the City of Fort Collins — Utilities — for purposes of regional stormwater management. In addition, this area includes a sewer main. In the future, this tract will include paved bicycle and pedestrian trail. Planting trees in this area would need to be reviewed and approved by the agencies owning and using this area to make sure that such trees do not interfere with the primary purpose of providing these public services. A private covenant requiring trees to be planted in the rear yards of the lots facing the channel may be considered. The existing power poles do not belong to City of Fort Collins Utilities and serve an existing rural customer. In response, with regard to school overcrowding, the applicant indicated that the original subdivision containing 117 dwellings was approved by Larimer County prior to the construction of Zach Elementary. In response, with regard to density, staff stated that the density of the proposed project is comparable to that of Observatory Village. In response, with regard to traffic, the Transportation Impact Study indicates that the traffic generated by the Major Amendment can be accommodated on the surrounding roadways at such time as these roads are fully improved to their level of classification. Further, the affected intersections will continue to comply with the City's Level of Service criteria. SUMMARY OF CONCLUSIONS A. The McClelland's Creek Third Filing, Major Amendment is permitted in the LMN — Low Density Mixed -Use Neighborhood District, subject to an administrative review. B. The Major Amendment meets all applicable General Development Standards of Article 3 including Division 3.2 - Site Planning and Design Standards; Division 3.3 - Engineering Standards; Division 3.4 - Environmental, Natural, and Cultural; Division 3.5 - Building Standards; and, Section 3.6 - Transportation and Circulation. McClelland's Creek Thiru Filling, Major Amendment, #28-09 Administrative Hearing Findings, Conclusions, and Decision October 23, 2009 Page 6 of 9 maintain the adopted transportation Level of Service standards contained in Part II of the City of Fort Collins Multi -Modal Transportation Level of Service Manual for the following modes of travel: Motor vehicle, bicycle and pedestrian. 3. ARTICLE 4 - DISTRICTS A. Division 4.5 - Low Density Mixed -Use Neighborhood District Section 4.5(D) Land Use Standards The proposal satisfies the applicable land use standards in the LMN, by not falling below the overall minimum average density of 5 dwelling units per net acre of residential land and not exceeding the maximum density of 8 dwelling units per gross acre. The McClelland's Creek Third Filing, Major Amendment contains a net density of 5.2 dwelling units per acre -and a gross density of 4.6 dwelling units per acre. Section 4.5(E) Development Standards 0 The proposal satisfies the applicable development standards in the LMN. 4. Testimonv at the Public Hearin Testimony was provided by five citizens. Three live in Fossil Lake Ranch located west of the subject site, one lives in Observatory Village located north of the site and one lives on a five acre parcel in unincorporated Larimer County north of the site on Strauss Cabin Road. For the citizens from Fossil Lake Ranch, the concerns were primarily focused on the need for a landscape buffer between the existing neighborhood and the proposed project. They requested that buffering should take the form of a sufficient quantity of trees that could be planted in the open drainage channel that separates the existing and proposed subdivisions. Such plant material would contribute to satisfying the requirement for privacy and promote visual quality. Also, the existing electrical power poles were deemed unsightly. For the resident from Observatory Village, the concerns were primarily with the proposed residential density, increased traffic and the potential impact on school overcrowding. These impacts were seen as decreasing the quality of life in the general area. McClelland's Creek Thira Filling, Major Amendment, #28-09 Administrative Hearing Findings, Conclusions, and Decision October 23, 2009 Page 5 of 9 D. Division 3.5 - Building Standards Section 3.5.1. Building and Project Compatibility The McClelland's Creek Third Filing, Major Amendment satisfies all applicable Building and Project Compatibility standards, more specifically: Architectural Character. The proposed single-family detached buildings will be a maximum of 2.5 stories in height, similar to the existing single-family buildings in the existing developments to the west, south, and north. They will reflect the proportions and roofline articulation of the existing residential buildings. Building Size, Height, Bulk, Mass, Scale. The proposed single- family detached buildings will be similar in height and massing to the existing residential buildings in the area. City staff does not typically review building elevations for single-family detached dwellings and none were reviewed with this development request. Section 3.5.2. Residential Building Standards The proposal satisfies the Residential Building Setbacks, Lot Width and Size standards. E. Division 3.6 - Transportation and Circulation Section 3.6.2. Streets, Streetscapes, Alleys and Easements The proposal satisfies the requirements set forth in this section. Section 3.6.3. Street Pattern and Connectivity Standards The proposal satisfies the requirement set forth in Section 3.6.3(F) dealing with utilization and provision of sub -arterial street connections to and from adjacent developments and developable parcels. Section 3.6.4. Transportation Level of Service Requirements The proposal satisfies the applicable Transportation Level of Service standards (see the attached Traffic Impact Study), including the following: General Standard. This development proposal satisfies Section 3.6.4(B), which requires that all development plans adequately provide vehicular, pedestrian and bicycle facilities necessary to McClelland's Creek Thiro Filling, Major Amendment, #28-09 Administrative Hearing Findings, Conclusions, and Decision October 23, 2009 Page 4 of 9 Section 3.2.2. Access, Circulation and Parking The proposal satisfies the applicable Access, Circulation and Parking standards, including the following: Direct On -site Access to Pedestrian and Bicycle Destinations. The development proposal satisfies the standard set forth in Section 3.2.2(C)(6) in that the on -site pedestrian and bicycle circulation system is designed to provide for direct connections to major pedestrian and bicycle destinations, including the private neighborhood park in the southeast portion of the development and Zach Elementary School to the north. Required number of parking spaces. Section 3.2.2(K)(1) sets forth minimum parking requirements for residential land uses. The Major Amendment satisfies the requirements by providing parking for the single-family detached dwellings on the lots at 2 spaces per dwelling unit. The majority of the lots are over 40' in width, allowing on -street parking, so only 1 parking space is required on those lots. Section 3.2.3. SolarAccess, Orientation, Shading The proposal satisfies the requirement set forth in Section 3.2.3(B) pertaining to "solar -oriented residential lots". There are 91 of the total of 138 lots (66%) thereby satisfying this section. B. Division 3.3 - Engineering Standards Section 3.3.1. Plat Standards The proposal complies with the general plat requirements as set forth in this section. Section 3.3.5. Engineering Design Standards The project complies with all design standards, requirements and specifications for services as stated in this section of the LUC. C. Division 3.4 - Environmental, Natural, and Cultural Section 3.4.1. Natural Habitats and Features The project complies with the requirements set forth in this section. McClelland's Creek Thira Filling, Major Amendment, #28-09 Administrative Hearing Findings, Conclusions, and Decision October 23, 2009 Page 3 of 9 FACTS AND FINDINGS 1. Background: The surrounding zoning and land uses are as follows: N: LMN, FA1 in Larimer County; existing single-family residential, partially undeveloped properties S: FA1 in Larimer County; existing single-family residential, partially undeveloped properties E: POL; City -owned natural area (Eagle View) W: LMN; existing single-family residential and Zach Elementary School The property was subdivided and a development plan was approved by Larimer County in December, 2007 which included 117 single-family and two-family dwellings on 41.86 acres. The property was then annexed into the City as the McClelland's Creek PD & PLD Second Filing Annexation in September, 2007. This proposal complies with the purpose of the LMN District as it is a replat of a residential development plan approved in Larimer County then annexed into the City of Fort Collins in accordance with the requirements set forth in the Fossil Creek Reservoir Area Plan between the City and Larimer County. The approved plan is for 117 single-family detached and two-family dwellings on a property that is surrounded by residential uses to the north, west and south, an elementary school to the west, and City -owned natural area to the east. The current plan is to reconfigure lots on portions of the property and add 21 dwellings, resulting in 138 single-family detached dwelling units. This request to add 21 additional dwellings to the approved development plan containing 117 dwellings constitutes an 18% increase, thereby requiring a Major Amendment to the McClelland's Creek PD/PLD Second Filing. 2. ARTICLE 3 - GENERAL DEVELOPMENT STANDARDS A. Division 3.2 - Site Planning and Design Standards Section 3.2.1. Landscaping and Tree Protection The proposal satisfies the applicable Landscaping and Tree Protection standards, including the following: Street trees. The proposed street tree planting is in accordance with Section 3.2.1(D)(2)(a), providing trees at 30' - 40' on -center in the parkways (between curb and sidewalk) along the internal local streets and in the parkways along Kechter Road (a 2-lane arterial street) and Strauss Cabin Road (a local street south of Kechter). McClelland's Creek Thiru Filling, Major Amendment, #28-09 Administrative Hearing Findings, Conclusions, and Decision October 23, 2009 Page 2 of 9 SUMMARY OF HEARING OFFICER DECISION: ZONING DISTRICT: Low Density Mixed -Use Neighborhood and located within the Fossil Creek Reservoir Area Plan. STAFF RECOMMENDATION: Approval 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. The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 5:30 p.m. on October 14, 2009, Council Chambers, 300 LaPorte 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: Ted Shepard, Chief Planner and Steve Olt, City Planner From the Applicant: Stan Everitt From the Public: Debbie Garcia; Sarah Garcia; Joe Cannon; Jenny Thompson; Jon and Debbie Vosters; John Hatfield; Craig Campbell and Tom Donkle. Written Comments: None McClelland's Creek Thira Filling, Major Amendment, #28-09 Administrative Hearing Findings, Conclusions, and Decision October 23, 2009 Page 1 of 9 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: October 14, 2009 McClelland's Creek Third Filling, Major Amendment #28-09 Stan Everitt, Everitt Companies 3003 E. Harmony Road, # 400 Fort Collins, CO 80528 Stan Everitt 3003 E. Harmony Road, # 400 Fort Collins, CO 80528 Ted Shepard Chief Planner This is a request to replat McClelland's Creek PD/PLD Second Filing (approved in Larimer County) for the purpose of adjusting lot sizes resulting in an additional 21 lots (dwelling units). Currently there are 110 lots (117 dwelling units) approved in McClelland's Creek PD/PLD Second Filing. The development site is 29.72 gross acres in size. The Site & Landscape Plans are being modified to add neighborhood playground areas and a community garden in the development. The internal street network and storm drainage elements of the development will not change. The property is located at the southwest corner of Kechter Road and Strauss Cabin Road. The development will be accessed from an extension of Northern Lights Drive on Kechter Road and one point on Strauss Cabin Road. The property is zoned LMN - Low Density Mixed -Use Neighborhood. The residential density will be 4.6 dwelling units per gross acre, which is less than the allowable 8 dwelling units per gross acre in the LMN District. of F Collins October 23, 2009 Planning, Development and Transportation Services Current Planning 281 N. College Avenue PO Box 580 Fort Collins, CO 80522-0580 970.221.6750 970.224.6134 - fax fcgov.com/Currentp/anning Attendee of the Project, McClelland's Creek Third Filing, Major Amendment, # 28-09, 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 McClelland's Creek Third Filing, Major Amendment # 28-09. 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 provided testimony at the public hearing. This final decision of the Administrative Hearing Officer may be appealed to the City Council, in accordance with Chapter 2, Article II, Division 3 of the City Code, within 14 calendar days of the date of final action October 23, 2009 by the Hearing Officer. The deadline to file an appeal is 5:00 p.m. on Friday, November 6, 2009. 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 221-6343. Sincerely, Ted Shepard Chief Planner