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HomeMy WebLinkAboutTALON ESTATES - PDP - 42-05A - DECISION - CORRESPONDENCE-HEARINGAdministrative Public Hearing Sign -In Meeting Location: 291 N . 0611 ge Q Date: 5-9- 077 PLEASE PRINT CLEARLY Name Address Phone Email Sari _ 33 �ob Z23� zz6 ��03 11 G h o 9 5� n Inlq y S soN S�, sGG- 3G a 0413 b Fi(Gee4o D Al �,� as /iob Haas 19 sy 292 03v5r wrcb as ti Arall VO rnn a3 c I Cvat —633� Talon Estates PDP Administrative Hearing Findings, Conclusions, and Decision May 9, 2007 Page 7 of 7 C. The Talon Estates Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code except where a condition has been added to ensure compliance. DECISION The Talon Estates Project Development Plan, #42-05A is hereby approved by the Hearing Officer subject to the following condition: The Applicant shall submit evidence of a soils report in conjunction with the Final Plan evaluating the presence of soil contaminants on the subject property. Dated this 23rd day of May 2007, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Cameron Gloss Current Planning Talon Estates PDP Administrative Hearing Findings, Conclusions, and Decision May 9, 2007 Page 6 of 7 publicly dedicated right-of-way and/or access easements do not exist to make either connection. The Hearing Officer acknowledges and appreciates that residents have provided careful thought in the framing of their concerns about pedestrian and bicycle access; however, the weight of evidence presented by the Applicant and corroborated by the City staff, supports a finding that this infill development site is physically constrained, alternative pedestrian and bicycle connections are not available, and that the proposed sidewalks connecting to existing sidewalks along S. Taft Hill Road, while not an optimal system, provide a sufficient route to Olander school, the Spring Creek path and other area destinations. Public testimony indicated a concern that drivers traveling north on Falcon Drive are not aware of the fact that the street has no outlet (a "dead-end") even though the roadway to the north could be mistaken as a public street, but is, in fact, a private driveway. A request was made by the neighborhood to install a sign along the east side of Falcon Drive south of the ditch crossing alerting drivers of the situation and giving them adequate time to turn into Talon Estates and circulate through the subdivision and back to the south and east. The Hearing Officer concurs with this comment and respectfully requests that the applicant work with the City staff to post a no outlet sign in the appropriate location along Falcon Drive. Although the Hearing Officer finds that some of the neighborhood compatibility concerns raised by the opponents of the PDP were insightful and might potentially improve acceptance of the PDP by the neighboring landowners, the PDP must be judged under the existing applicable regulations of the Fort Collins Land Use Code. These regulations provide sufficient specificity to determine that the Applicant and Owners have designed the PDP in conformance with the applicable regulations and there is no authority for the Hearing Officer to mandate that the Applicant or Owners exceed the minimum requirements of the Land Use Code, and other applicable regulations, in designing the development. SUMMARY OF CONCLUSIONS A. The Talon Estates Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). B. The Talon Estates Project Development Plan complies with all applicable District Standards contained in Article 4 of the Land Use Code except where a modification to the density standards has been previously granted. Talon Estates PDP Administrative Hearing Findings, Conclusions, and Decision May 9, 2007 Page 5 of 7 Hazardous Materials Since the development does not occur on a site where hazard materials are typically stored, such as a gas station or manufacturing facility, no hazardous materials impact analysis was required. Although not substantiated by a study, public testimony has indicated that dumping may have occurred at some point on the subject property. To allay concerns about potential health impacts to area residents and occupants of the Development, the Hearing Officer has added a condition requiring the applicant to further evaluate soils on the subject property in conjunction with the Final Plan review and prior to plan recordation. Transportation Level of Service Requirements Section 3.6 of the LUC imposes standards for all modes of transportation. The Transportation Impact Analysis indicates that the project complies with Level of Service (LOS) standards for all modes of transportation. In addition to the neighborhood compatibility issues that were raised, testimony provided at the hearing questioned how the Transportation Level of Service Standards for pedestrian and bicycle access was being provided. It was an expressed fear of some neighbors that the Project will cause an unsafe condition for pedestrians and bicyclists and, in particular, school age children housed within the development continuing to Olander Elementary school located % mile to the south and to the Spring Creek path located % mile to the north. The Applicant's representative testified at the hearing that a detached sidewalk will be constructed along Falcon Drive that will connect to Taft Hill Road that includes recently constructed wide sidewalks (which are primarily detached from the street) and on -street bikelanes. These sidewalks and bikelanes create a continuous network of connections between the site and area destinations, including the sidewalk along Bronson Street that connects to Olander school, the Spring Creek multi -use trail and sidewalks leading directly to the Drake Crossing shopping center. The Transportation Memorandum, developed by a Professional Engineer and provided as part of the applicant's submittal, indicates that the adopted Transportation Level of Service (LOS) for all modes of transportation is being met. Requests were made at the hearing for the applicant to provide additional public improvements to the north and south that would provide more direct routes for bicyclists and pedestrians than are possible utilizing facilities along S. Taft Hill Road. In particular, more direct routes could conceivably be provided through a private drive located north and west of the site, that includes a use of a small wood bridge crossing the canal and that ultimately connects to Moore Lane, and directly to the south through private property that corresponds to the Falcon Drive/Auntie Stone Street roadway alignments. The Hearing Officer notes that Talon Estates PDP Administrative Hearing Findings, Conclusions, and Decision May 9, 2007 Page 4 of 7 3. Compliance with Article 3 of the Land Use Code — General Development Standards: The project development plan complies with all applicable sections of Article 3 of the LUC as explained below. Landscaping and Tree Protection. The staff report outlines the Project's compliance with Section 3.2.1 concerning landscaping and tree protection standards. Street trees of permitted varieties and at the appropriate spacing will be provided in a manner that satisfies the standard. There was no evidence introduced at the hearing to contradict the Staff Report. Parking and Access. The staff report outlines the Project's compliance with Section 3.2.2 concerning access, circulation and parking. At least one off-street parking space will be provided per single-family lot. The on -site bicycle and pedestrian system and off -site facilities constructed with the development is designed to provide direct connections to existing pedestrian and bicycle facilities along S. Taft Hill Road and to area destinations (see further discussion below). Therefore, based on the information presented, the Project complies with Section 3.2.2 of the LUC. Site Lighting Public comments were received during the hearing about the potential negative impact that the required street lighting will have on the semi -rural character of the surrounding neighborhood. The Hearing Officer recognizes the need to provide for the functional and security needs of the Development in a way that does not adversely affect the adjacent properties or the neighborhood. As such, the Hearing Officer requests that the Applicant work closely with the Light and Power utility staff to provide a lighting plan which uses innovative design to achieve both safety and neighborhood quality objectives. Engineering/Subdivision Plat Division 3.3 sets standards for subdivision plats regarding the general layout of the lots, roads, driveways, utilities, drainage facilities, and other services within the proposed development. The Staff Report outlines how the subdivision plat meets these standards, including the dedication of rights -of -way and easements necessary to serve the development. Natural Habitat and Features Buffer Zone Standards The Staff Report outlines how the project complies with the natural habitat and features buffer standards found within this Section. A buffer has been provided from the top of the Pleasant Valley and Lake Canal to the rear property line of the abutting residential lots. Talon Estates PDP Administrative Hearing Findings, Conclusions, and Decision May 9, 2007 Page 3 of 7 FACTS AND FINDINGS 1. Site Context/Background Information N: UE- large acreage single-family residential; Pleasant Valley & Lake Canal S: UE- large acreage single-family residential E: UE- large acreage single-family residential; Pleasant Valley & Lake Canal W: UE- large acreage single-family residential This undeveloped property was annexed in May 2003 as part of the S. Taft Hill 7th Annexation. The property has not been previously subdivided or subject to a development plan approval, although a request for a modification of the minimum lot sizes in the UE - Urban Estate District, was considered at an administrative public hearing on June 8, 2006 and subsequently approved on June 21, 2006 allowing 7 of the 13 lots to be slightly smaller than the required 1/2 acre (21,780 square feet) minimum. 2. Compliance with Article 4 and the UE Zoning District Standards: The Project Development Plan complies with all applicable requirements of Article 4 and the UE zone district. The Staff Report summarizes the PDP's compliance with these standards and no specific evidence was presented to contradict or otherwise refute the compliance with Article 4 or the UE District Standards. In particular, the proposed single-family detached dwellings are permitted within the UE zone district, subject to an administrative review. The applicant received a modification to reduce the minimum lot size of/z acre as specified in this zone district for 7 of the proposed 13 lots located within the development. There was no evidence presented at the public hearing to contradict the Project's compliance with the Article Four Use or Development standards. Talon Estates PDP Administrative Hearing Findings, Conclusions, and Decision May 9, 2007 Page 2 of 7 The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 5:30 p.m. on May 9, 2007 in Conference Room A, 281 N. 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; and (3) a tape recording of the public 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: George and Nadine Holter Kevin Forbes, Stewart & Associates Mary Mateo, Stewart & Associates From the Public: Bob Cooke, 2238 Moffett Drive Tom and Linda Pixley, 2433 Falcon Drive Russ & LaVonne Parker, 2341 Falcon Drive Rob Haas, 1994 Kinnison Drive Jim Quick and Jackie Panuska, 2307 Marshwood Drive Robin Kelly, 2150 Moffett Drive Jim Kline, 2226 Moffett Drive Russ and LaVonne Parker, 2341 Falcon Drive Mark Delehoy, 2440 Falcon Drive. Written Comments: None. City of Fort Collins Commut..ry Planning and Environmental;. _.vices Current Planning CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: PROJECT NAME: CASE NUMBER: APPLICANT: HEARING OFFICER: PROJECT DESCRIPTION: May 9, 2007 Talon Estates Project Development Plan #42-05A Stewart & Associates, Inc. c/o Kevin Forbes Fort Collins, CO 80521 Nadine Holter P.O. Box 272546 Fort Collins, CO 80521 Cameron Gloss Current Planning Director The Applicant has submitted a request for 13 single-family detached residential lots on 7.85 acres at the northeast corner of Falcon Drive & Falcon Drive, approximately 1/4 mile west of South Taft Hill Road. SUMMARY OF HEARING OFFICER DECISION: Conditional Approval ZONING DISTRICT: UE — Urban Estate 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. 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020 Commui.<<y Planning and Environmental ;:._vices Current Planning City of Fort Collins May 25, 2007 Participant in the Talon Estates Administrative Hearing, Enclosed is a copy of the Type I Administrative Hearing Findings, Conclusions, and Decision for the Talon Estates Project Development Plan. This final decision of approval may be appealed to the City Council in accordance with Section 2-48 of the Code of the City of Fort Collins. The appellant must submit written notice of appeal, reasons for the appeal and a filing fee of $100 to the City Clerk's Office within 14 days of the date of final action by the Hearing Officer. Information regarding the grounds for appeal is available on the City Clerk's page of the City's website at http://fcgov.com/cityclerk/appeals/vhp If appealed, the City Clerk will place the item on the Council agenda for hearing as expeditiously as possible. Written notice of an appeal from a final decision of the Hearing Officer to the City Council is given by the City Clerk to the appellant, the applicant and all other parties -in - interest 10 days prior to the date set for the hearing. An appeal of the Hearing Officer's final decision is based on the minutes of the proceedings at the Administrative Hearing and any other materials received by the Hearing Officer. New evidence may not be considered on an appeal. The City Council may uphold, overturn, or modify the decision of the Hearing Officer. If you have specific questions about the appeal process, please contact me at 221-6750 Sincerely, A Steve Olt City Planner 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020