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Home My WebLink AboutSTORYBOOK 2ND FILING - PDP - 49-98B - DECISION - FINDINGS, CONCLUSIONS & DECISIONi N Storybook 2nd PDP Administrative Hearing Findings, Conclusions, and Decision March 31, 2005 Page 5 of 5 F.Section 3.6.4 — Transportation Level of Service Based on the Applicant's Transportation Impact Study (TIS) nearby intersections will not be impacted in any significant manner by the traffic generated by the Project and that the resulting increase in traffic will fall well within the adopted Level of Service (LOS) standards at the intersections. There was no evidence introduced at the hearing to contradict the Staff Report; therefore, the Hearing Officer finds that the Project Development Plan is in conformance with the applicable requirements found in Article 3 of the Land Use Code except the Model Variety requirements as noted above. SUMMARY OF CONCLUSIONS A. The Storybook, 2"d Filing, Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). B. The Storybook, 2"d Filing, Project Development Plan satisfies the development standards of the LMN zoning district. C. The Storybook, 2"d Filing, Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code, except for Section 3.5.1(C) where a condition of approval has been added in order to satisfy this standard. DECISION The Storybook, 2"d Filing Project Development Plan, #49-98B is hereby approved by the Hearing Officer subject to the following condition: The Applicant shall vary the building materials to greater distinguish between the three housing types. The Applicant shall submit revised building elevations showing such building material changes for the review, and subject to the approval, of the Current Planning Department in conjunction with the Final Plan. Dated this 7th day of April 2005, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. meron Glosv- - rrent Planning Director Storybook 2nd PDP Administrative Hearing Findings, Conclusions, and Decision March 31, 2005 Page 4 of 5 3. Compliance with Article 3 of the Land Use Code — General Development Standards A. Section 3.3.1 [B] — Lots The proposed lots comply with the design standards in that they have vehicular access to a public street. The subdivision design does not impact the layout of roads, driveways, utilities, drainage facilities and other services necessary to serve the Project. B. Section 3.3.1 [C] (1) - Public Sites, Reservations, and Dedications The plat indicates the proper dedication for street rights -of -way for internal local streets, and drainage, utility, and access easements needed to serve the Project. C. Section 3.5.1 [B] — Architectural Character Section 3.5.1 of the LUC requires that new developments be compatible with the established character of the area. Pursuant to this section, the proposed buildings will be similar in mass, bulk and scale with single family and multi -family buildings in the immediate area. D. Section 3.5.2 [C] — Housing Model Variety Any development of fewer than one hundred (100) single-family and two-family dwelling units must provide at least three different types of housing models. In order to distinguish between each model type, buildings must employ at least three characteristics, including different floor plans, exterior materials, roof lines, garage placement, placement of the footprint on the lot, and/or building face. While the applicant has provided some variation in building massing, primarily through use of different roof forms, minor variations in fenestration and architectural details, the use of a brick base and upper lap siding treatment on all units creates housing types that are virtually indistinguishable. In order to comply with this standard, the Hearing Officer has placed a condition on the project approval, requiring that the applicant provide a greater variety of building materials to distinguish between the building models, while still being complementary to the existing 1st Filing Storybook PDP. E. Section 3.5.2 [D] — Building Setbacks The Plan complies with the 15 foot minimum setback required from non -arterial streets. Storybook 2nd PDP Administrative Hearing Findings, Conclusions, and Decision March 31, 2005 Page 3 of 5 FACTS AND FINDINGS 1. Site Context/Background Information N: LMN-Undeveloped (Poudre R-1 School District) S: LMN-Undeveloped (Poudre R-1 School District) E: LMN-Undeveloped W: LMN-Residential (Storybook) The property was annexed in August, 1983 as part of the Country Club East Annexation, and part of the East Vine Drive 7th Annexation. On August 11, 1999, the Director of Planning approved the Storybook PDP (Type 1) development request for 66 dwelling units (4 single-family detached and 62 two-family dwellings) on 16.6 acres. On January 14, 2005, the Administrative Hearing Officer approved, with one condition, a request for modifications of standards set forth in Subsection 3.6.3(D) and Subsection 3.6.3(F) of the LUC. 2. Compliance with Article 4 and the LMN Zoning District Standards: The Project complies with the applicable standards found under Article Four of the Land Use Code. The applicant's request complies with the following standards: Section 4.4(D) — Land Use Standards The Project Development Plan complies with all applicable requirements of Article 4 and the LMN 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 LMN District Standards. In particular, the proposed detached single family and attached two- family dwelling units are permitted within the LMN zone district subject to an administrative review. The PDP, with a gross residential of 5.5 dwelling units per acre, and net residential density of 6.3 dwelling units per acre, complies with the minimum net density and maximum gross density prescribed for the zoning district. Storybook 2nd PDP Administrative Hearing Findings, Conclusions, and Decision March 31, 2005 Page 2 of 5 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 6:00 p.m. on March 31, 2005 in the Advance Planning Department Conference Room, 281 N. College Avenue, Fort Collins, Colorado. This hearing was continued from the original published date of March 24, 2005. 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 Pete Wray From the Applicant: Ken Forbes Jack Blake From the Public: Gary Mackey, 6804 Aaron Dr. Written Comments: None. City of Fort Collins Comm, ty Planning and Environmenta: 2rvices 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: OWNER: HEARING OFFICER: PROJECT DESCRIPTION: March 24, 2005 continued to March 31, 2005 Storybook, 2"d Filing PDP Stewart & Associates c/o Jack Blake 103 South Meldrum Street Fort Collins, CO 80521 Nebarado Construction, Inc. c/o Jack Blake 6804 Aaron Drive Fort Collins, CO 80524 Cameron Gloss Current Planning Director The Applicant has submitted a request to construct 76 single-family detached and two- family dwelling units (patio homes and duplexes) on 13.9 acres. The buildings will be up to 29 feet in height and each dwelling unit will contain two bedrooms. Access will be provided from Little John Lane via Mountain Vista Drive. The property is located on the north side of Mountain Vista Drive (E. County Road 50, just east of the existing Storybook development. SUMMARY OF HEARING OFFICER DECISION: Conditional Approval ZONING DISTRICT: LMN — Low Density Mixed -Use Neighborhood 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020