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Home My WebLink AboutRIGDEN FARM, 12TH FILING - PDP - 56-98AN - DECISION - CORRESPONDENCE-HEARING� "-- 0 (rev i �-, t+C,4-2►J6. 2L{u. e r-D k,-f. (Lx Ya 2-03/3 I �ow�N cl 2b� wq Nam} Sri �-- 6 C on :7 Lf ">I �Do % f 2i✓G� 3�t E3 41414 26 t 7Zs D Z-D3/ Z �1 1 t Rigden Farm 12`h Filing, Brooklyn Rowhouses Ph 2 Administrative Hearing Findings, Conclusions, and Decision February 12, 2007 Page 5 of 5 DECISION The Rigden Farm, 12th Filing, Brooklyn Park Rowhouses, Phase 2, Project Development Plan, #56-98AN, is hereby approved by the Hearing Officer subject to the following condition: At the time of Final Plan, the Applicant shall provide exterior front entry light fixtures with glazing of sufficient opacity to reduce glare consistent with the requirements of Section 3.2.4(D). Dated this 13th day of February, 2007 per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. �C" ,/ Cameron Gloss v Current Planning Director Rigden Farm 121h Filing, Brookiyn Rowhouses Ph 2 Administrative Hearing Findings, Conclusions, and Decision February 12, 2007 Page 4 of 5 3. Compliance with Article 3 of the Land Use Code — General Development Standards The Staff Report summarizes the PDP's compliance with the site planning and design standards of Article 3 of the LUC, including the subdivision plat requirements. The Hearing Officer finds that all standards of Article 3 are clearly met, with the exception of possible non-compliance with exterior entryway lighting fixtures. A condition of approval has been added such that the applicant will need to ensure compliance with Section 3.2.4 (D), which requires local lighting that defines spaces without producing glare, at the time of Final Plan review. In order to comply with Fire Code, Building Code and Land Use Code requirements related to emergency access and fire protection, the applicant has elected to install 2-hour rated walls between residential units and to improve the northernmost pedestrian walkway to strength specifications such that a 40 ton truck can be supported. There was no evidence submitted at the hearing to contradict the statements and conclusion of the Staff Report concerning compliance or to otherwise refute compliance with all remaining standards of Article 3 SUMMARY OF CONCLUSIONS A. The Rigden Farm, 12th Filing, Brooklyn Park Rowhouses, Phase 2, Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). B. The Rigden Farm, 12th Filing, Brooklyn Park Rowhouses, Phase 2, Project Development Plan is consistent with the Rigden Farm Overall Development Plan. C. The Rigden Farm, 12th Filing, Brooklyn Park Rowhouses, Phase 2, Project Development Plan satisfies the development standards of the MMN zoning district. D. The Rigden Farm, 12th Filing, Brooklyn Park Rowhouses, Phase 2, Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code. Rigden Farm 12`h Filing, BrooKiyn Rowhouses Ph 2 Administrative Hearing Findings, Conclusions, and Decision February 12, 2007 Page 3 of 5 FACTS AND FINDINGS 1. Site Context The surrounding zoning and land uses are as follows: N: MMN; undeveloped (approved New Dawn Assisted Living) E: MMN; existing school (Pioneer Charter) S: MMN; existing multi -family residential (Brooklyn Park Rowhouses) W: MMN; undeveloped (planned center at Rigden Farm) The property was annexed as part of the Timberline Annexation in November, 1997. The property is part of Parcel C of the Rigden Farm Overall Development Plan (ODP) that was approved by the Planning and Zoning Board in April, 1999. Parcel C was approved for multi -family dwelling units. The property is part of Parcel C of the amended Rigden Farm, ODP that was approved by Minor Amendment in November, 2002. Parcel C is approved for multi -family dwelling units. The property has not previously been subdivided. 2. Compliance with Article 4 and the MMN Zone District Standards: The Project Development Plan complies with all applicable requirements of Article 4 and the MMN zone district. The Staff Report summarizes the PDP's compliance with these standards. In particular, the proposed multi -family dwellings are permitted within the MMN zone district subject to an administrative review. See Section 4.6 (13)(2)(a) of the LUC. The Project is also in conformance with Section 4.19(D), land use standards relating to residential density since the 24.2 dwelling units per net acre greatly exceeds the 12 units per acre density minimum. Also, building height development standards of Section 4.6(E)(1)(d) are met which call for buildings that are a maximum of three (3) stories. There was no evidence introduced at the hearing to contradict the Staff Report; therefore, the Hearing Officer finds that the PDP is in conformance with the applicable requirements found in Article 4 of the Land Use Code. Rigden Farm 12'h Filing, BrooKiyn Rowhouses Ph 2 Administrative Hearing Findings, Conclusions, and Decision February 12, 2007 Page 2 of 5 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 5:00 pm on February 12, 2007 in Conference Room A at 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; and (2) application, plans, maps and other supporting documents submitted by the applicant and the applicant's representatives to the City of Fort Collins. 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: Troy Jones, M. Torgerson Architects Scott and Kevin Hearne, Hearne Construction Bob Gowing From the Public: None Written Comments: None Commuoy Planning and Environmental,, _.vices Current Planning Citv of Fort Collins CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: February 13, 2007 PROJECT NAME: CASE NUMBER: OWNER: APPLICANT: HEARING OFFICER: PROJECT DESCRIPTION: Rigden Farm 12th Filing, Brooklyn Park Rowhouses, Phase 2, Project Development Plan #56-98AN Longmeadow Holdings, LLC PO Box 272362 Fort Collins, CO 80527 M. Torgerson Architects c/o Troy Jones 204 Walnut Street, Suite D Fort Collins, CO 80524 Cameron Gloss Current Planning Director The Applicant has submitted a request to construct 63 attached residential units on 2.6 acres. The units will be housed within 8 buildings (each containing 7, 8, or 9 units) and will be composed of 2- and 3-bedroom units. The project is located on the northeast corner of Custer and Iowa Drives. SUMMARY OF HEARING OFFICER DECISION: Conditional Approval ZONING DISTRICT: MMN- Medium Density Mixed Use Neighborhood STAFF RECOMMENDATION: Approval 281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020