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Home My WebLink AboutSTORYBOOK 2ND FILING - MOD. OF STAND. - 49-98B - DECISION - FINDINGS, CONCLUSIONS & DECISION_�� e_�_��G Y b e � � 90o u. _n_6 � � r y__it'_� � �a _3 9� �' Storybook 2nd PDP, Modifica,,ion of Standards Administrative Hearing Findings, Conclusions, and Decision January 13, 2005 Page 5 of 5 The Applicant shall include a notation on the Project Development Plan prohibiting construction of sideyard fences on Lots 61 and 63, Storybook PDP, Second Filing, abutting the pedestrian path located within Tract A. Dated this 14th day of January 2005, per authority qranted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Current Planhing Director Storybook 2nd PDP, Modifica:,on of Standards Administrative Hearing Findings, Conclusions, and Decision January 13, 2005 Page 4 of 5 The second requested modification, which includes a lack of street connection to the abutting property to the north, is also justified. The abutting property is owned by Poudre School District and is a potential future high school site. The School District has determined that promoting vehicular traffic flow through the Storybook subdivision is neither necessary nor desirable. To accommodate other modes of transportation, the applicant is appropriately providing a multi -use hard surface path connecting the neighborhood to the school site. Considering the transportation needs of the area and the potential for negative traffic impacts with a through connection, the Hearing Officer finds that the proposed design performs equally well. SUMMARY OF CONCLUSIONS A. The Storybook, 2"d Filing PDP Modification of Standards is subject to administrative review and the requirements of the Land Use Code (LUC). B. With respect to the Modifications Subsection 3.6.3(D) — Spacing of Limited Movement Collector or Local Street Intersections with Arterial Streets and Subsection 3.6.3 (F) — Utilization and Provision of Sub -Arterial Street Connections to and from Adjacent Developments and Developable Parcels of the Land Use Code: 1. Granting the requested modifications would not be detrimental to the public good and would not impair the intent and purposes of the Land Use Code. In both instances, multi -use paths are provided which will continue to serve the needs of public users. 2. Granting of a modification to the spacing of local intersection spacing is justified based on the existing stormwater drainage pond area, which has created an exceptional physical condition that results in undue hardship on the owner. 3. Granting of a modification to the street connection requirements to the adjacent property is justified given the potential negative traffic impacts to the Project and the adjacent potential future school site to the north. DECISION The Storybook, 2"d Filing Project Development Plan Modification of Standards, #49-98B is hereby approved by the Hearing Officer subject to the following condition: Storybook 2nd PDP, Modificimoon of Standards Administrative Hearing Findings, Conclusions, and Decision January 13, 2005 Page 3 of 5 FACTS AND FrNDINGS 1. Site Context/Background Information N: LMN- undeveloped (potential future school site) E: LMN- undeveloped (potential future school site) S: LMN- undeveloped (potential future school site) W: LMN- attached single family residential (Storybook) The property was annexed in August 1983 as part of the Country Club East and East Vine Drive 7th Annexations. 2. Compliance with the Criteria for Granting Modifications to the Land Use Code: The Hearing Officer has reviewed the request for modification to the street pattern and connectivity standards. These standards set forth the requirements that: • A collector or local street intersections with arterial streets be spaced at intervals not to exceed 660' unless rendered infeasible due to unusual topographic features, existing development or a natural area or feature. • All development plans shall provide for future public street connections to adjacent parcels by providing a local street connection spaced at intervals not to exceed 660' along each development plan boundary that abuts potentially developable or redevelopable land. With respect to the lack of a public street connection from the development to Mountain Vista Drive, the Hearing Officer concurs with the applicant's assertion, and the staffs position, that an intervening stormwater detention pond constructed for the existing Storybook development poses a significant physical hardship. Constructing a bridge crossing would create an undue hardship for the applicant as well as adversely impact stormwater detention capacity. Furthermore, the transportation system will not be unduly compromised with a lack of street connection; a multi -use path within this area will still allow pedestrians and cyclists a direct route between the development and Mountain Vista Drive. City of Fort Collins Comm, ,.ity Planning and Environmenta ervices 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: January 13, 2005 Storybook, 2"d Filing PDP Modification of Standards ...:: 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 stand-alone request for modifications of standards found in Section 3.6.3- Street Pattern and Connectivity of the Land Use Code (LUC), more specifically Subsection 3.6.3(D) — Spacing of Limited Movement Collector or Local Street Intersections with Arterial Streets and Subsection 3.6.3 (F) — Utilization and Provision of Sub -Arterial Street Connections to and from Adjacent Developments and Developable Parcels. The property is located on the north side of Mountain Vista Drive (E. County Road 50), east of Turnberry Road (North County.Road 11), and west of N. Timberline Road (County Road 9E). SUMMARY OF HEARING OFFICER DECISION: Conditional Approval 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020 Storybook 2nd PDP, ModificaLion of Standards Administrative Hearing Findings, Conclusions, and Decision January 13, 2005 Page 2 of 5 ZONING DISTRICT: LMN — Low Density Mixed -Use Neighborhood 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. PUBLIC HEARING The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 4:25 p.m. on January 13, 2005 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: Ken Forbes Jack Blake From the Public: Gary Mackey, 6804 Aaron Dr. Written Comments: None.