HomeMy WebLinkAboutREGISTRY RIDGE, 5TH FILING - PDP - 32-95I - DECISION - CORRESPONDENCE-HEARINGComm- _ty Planning and Environmental rvices
Current Planning
City of Fort Collins
May 17, 2007
Participant in the Registry Ridge 51h Filing Administrative Hearing,
Enclosed is a copy of the Type I Administrative Hearing Findings, Conclusions, and
Decision for the Registry Ridge 5`h Filing 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://fc�;ov.com/cityclerk/gppeals/php 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,
Shelby Sommer
Associate Planner
281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020
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Administrative Public Hearing Sign -in
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Date: 5- q-07
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Registry Ridge 5tn PDP
Administrative Hearing
Findings, Conclusions, and Decision
May 9, 2007
Page 8 of 8
2. The development plan, when taken in the context of the larger Registry Ridge
development, will promote the general purpose of the standard for which the
modifications are requested equally well as a plan which complies with the
standards for which the modifications are requested; and
3. The property represents and infill property with an existing street network and
orientation which provide a unique physical hardship.
DECISION
The Registry Ridge, 5th Filing, Project Development Plan, #32-951, is hereby approved
by the Hearing Officer subject to the following conditions:
The Applicant shall design and construct the pedestrian trail in this Project
Development Plan to connect with the existing pedestrian trail in Tract E of the
Corrected Registry Ridge First Filing PUD, and provide a segment of pedestrian
trail (located between proposed Lots 4 and 5) to tie in with the planned trail
system in the adjacent neighborhood park.
2. As part of the Final Plan, the Applicant shall ensure that street names reflected
on the plat shall comply with adopted street naming standards.
Dated this 17th day of May 2007, per authority granted by Sections
1.4.9(E) and 2.1 of the Land Use Code.
meror GI s
Current Plan ng Director
Registry Ridge 5th PDP
Administrative Hearing
Findings, Conclusions, and Decision
May 9, 2007
Page 7 of 8
that adequate water service can be provided. The Hearing Officer has no
authority to mandate that the Fort Collins -Loveland Water District guarantee
future water service levels to the development.
Although the Hearing Officer finds that some of the 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
Owner have designed the PDP in conformance with the applicable regulations.
There is no authority for the Hearing Officer to mandate that the Applicant or
Owner exceed the minimum requirements of the Land Use Code, and other
applicable regulations, in designing the development
SUMMARY OF CONCLUSIONS
A. The Registry Ridge, 5th Filing, Project Development Plan is subject to
administrative review and the requirements of the Land Use Code (LUC).
B. The Registry Ridge, 5th Filing, Project Development Plan satisfies the
development standards of the LMN zoning district except the Density Standard
where a modification has been granted.
C. The Registry Ridge, 5th Filing, Project Development Plan complies with all
applicable General Development Standards contained in Article 3 of the Land
Use Code except where a modification has been granted to the Solar Access
standards.
D. With Respect to the requested Modification to Section 4.5 (D)(1) Land Use
Standards —Density —Request to allow 4.658 units per net acre where 5 units
per acre is required, the Hearing Officer finds that the requested modification:
1. Will not be detrimental to the public good; and
2. The development plan will promote the general purpose of the standard for
which the modifications are requested equally well as a plan which complies
with the standards for which the modifications are requested.
E. With Respect to the requested Modification to Section 3.2.3 (B) Solar -Oriented
Residential Lots —Request to allow a 22.22% solar -oriented residential lots under
15,000 square feet in area where a minimum of 65% is required, the Hearing
Officer finds that the requested modification:
1. Will not be detrimental to the public good;
Registry Ridge 5`" PDP
Administrative Hearing
Findings, Conclusions, and Decision
May 9, 2007
Page 6 of 8
oriented residential lots, but not so much as to reduce the overall percentage for
the neighborhood below the minimum standard. The property, originally
designated for a future school, is constrained by existing streets along the north
and west sides, existing homes on the south and east sides and a future
neighborhood park on the southwest side. The proposed site layout not only
connects to the existing street system, but it also provides a buffer between the
existing and proposed homes and preserves openness to the proposed park. If
the proposal were designed to satisfy the solar orientation standard, other
opportunities for connectivity and compatibility may be compromised due to the
existing layout of the area.
D. Section 3.3.1 Plat Standards
Consistent with Section 3.3.1, the proposed lots comply with the design
standards in that each lot has vehicular access to a public street, and the side lot
lines are at substantially right angles or radial to the street. Public right-of-way
has been dedicated to accommodate proposed local streets. The design of the
adjacent platted streets is unaffected.
The applicant will provide necessary easements to serve the lots
E. Section 3.5.2 Residential Building Standards
The Staff Report outlines how the project complies with the building setback and
orientation standards found within this Section.
F. Section 3.7.3 Adequate Public Facilities
Testimony was offered at the hearing by neighboring property owners concerning
the ability of the Fort Collins -Loveland Water District to provide adequate water
service to the subdivision.
Much of the public testimony related specifically to the water pressure and
quantity available to the Registry Ridge subdivision at the present time and as a
result of the proposed development and the anticipated future neighborhood park
slated for construction as early as 2008.
As expressed by the staff during the hearing, the Fort Collins -Loveland Water
District has provided written confirmation to the City of Fort Collins that adequate
water service is available now and anticipated in the future.
The Hearing Officer understands the concerns of neighboring property owners
with respect to the water issue, but finds that Applicant/Owner has attempted
through coordination with the Water District and the City staff to obtain evidence
Registry Ridge 5ch PDP
Administrative Hearing
Findings, Conclusions, and Decision
May 9, 2007
Page 5 of 8
B. Section 3.2.2 Access, Circulation and Parking:
The staff report outlines the Project's compliance with Section 3.2.2 concerning
access, circulation and parking.
All single family residential units will provide a minimum of one off-street parking
space.
Curbcuts are proposed along the new segment of Leahy Drive and along
Snowdon Drive for driveways to the proposed houses. Directional ramps will be
provided at the new intersections.
This Development features walkways in a greenbelt area to provide a direct
pedestrian connection from Truxtun Drive to the future neighborhood park. At
this point, the proposed pedestrian walkway for this PDP does not connect to the
existing pedestrian walkway south of the property. The Hearing Officer concurs
with staff that a condition of approval is warranted requiring the applicant to
design the pedestrian walkway to connect with the existing pedestrian walkway
located in Tract E of the Corrected Registry Ridge First Filing PUD and provide a
connection through the water quality area for the future park trail system (in a
location between proposed Lots 4 and 5). The path will ensure compliance with
the adopted pedestrian connectivity standards.
Testimony was received during the hearing that trees be placed alongside the
proposed pedestrian path in order to provide shade, screen adjacent lots, and
contribution to a more pleasant pedestrian environment. The Hearing Officer
cannot mandate that such trees be planted, but would strongly encourage the
applicant to include them on the final landscape plan.
Therefore, based on the evidence presented at the hearing, the Project complies
with Section 3.2.2 of the LUC.
C. Section 3.2.3 Solar Access, Orientation, Shading
As detailed in the Staff Report, the proposed design, which provides 22.22% of
the residential lots with the necessary solar -orientation, falls substantially short of
the minimum of 65% required.
The Hearing Officer finds the requested modification to the solar access lot
standard justified, when the percentage of solar -oriented residential lots in the
entire Registry Ridge subdivision is viewed on a neighborhood scale. The entire
neighborhood is well above the required 65 percent referenced in the standard.
This Project Development Plan will impact the overall percentage of solar-
Registry Ridge 5`h PDP
Administrative Hearing
Findings, Conclusions, and Decision
May 9, 2007
Page 4 of 8
2. Compliance with Article 4 and the LMN Zoning District Standards:
The development plan complies with the standards found under Article Four of
the Land Use Code except where a request has been made to modify the
minimum net density standard.
The Staff Report summarizes the PDP's compliance with these standards. In
particular, the proposed single family use is permitted within the LMN zone
district subject to an administrative review. This project will satisfy the Streets
and Blocks standards per this section by providing pedestrian connections to the
existing neighborhood and future neighborhood park.
Section 4.7(D) — Land Use Standards
The proposed 4.66 dwelling units per net acre of land is less than the
required minimum of 5 dwelling units per net acre.
The Hearing Officer is convinced that the proposed development would be more
in keeping with the character of the surrounding established neighborhood than a
compliant plan meeting the minimum density standard. The proposed design
carefully and successfully balances the intent of the minimum density standard
with neighborhood compatibility.
There was no evidence introduced at the hearing to contradict the Staff Report;
therefore, the Hearing Officer finds that the Plan is in conformance with the
applicable requirements found in Article 4 of the Land Use Code except where
the density modification has been requested.
3. Compliance with Article 3 of the Land Use Code — General Development
Standards
A. Section 3.2.1 Landscaping and Tree Protection
This infill project provides street trees to meet code. Street trees will be provided
in the parkways adjacent public streets as required under the Larimer County
Urban Area Street standards. The majority of existing trees along Truxtun and
Ranger Drives will be preserved.
Registry Ridge 5th PDP
Administrative Hearing
Findings, Conclusions, and Decision
May 9, 2007
Page 3 of 8
Written Comments:
Letter from the Registry Ridge Homeowner's Association to the City of Fort
Collins, Planning and Parks Departments, and Lennar Builders, dated May 8,
2007
FACTS AND FINDINGS
1. Site Context and Background
The surrounding zoning and land uses are as follows:
N: LMN; existing single-family residential (Registry Ridge PUD 1st Filing)
S: LMN; planned neighborhood park (construction anticipated in 2008) and
existing single-family residential (Registry Ridge PUD 1st Filing)
E: LMN; existing single-family residential (Registry Ridge PUD 1st Filing)
W: LMN; planned neighborhood park (construction anticipated in 2008) and
existing single-family residential (Registry Ridge PUD 1st Filing)
The property was annexed in October, 1981, as part of the Trilby Heights Fourth
Annexation.
The property was previously platted as Tract C of the Corrected Registry Ridge
First Filing PUD in May, 2000. Tract C was originally reserved for a future school
site, with an option for Tract C to revert back to the developer if the school district
did not purchase the property. The plat identified the secondary use for Tract C
as being low density residential if the Thompson School District or private school
did not purchase the site.
A new subdivision plat is being reviewed as part of this development request.
This plat is referred to as Registry Ridge 5th Filing, because the original Tracts C
and H will be reconfigured with Project Development Plan. This reconfiguration
includes a replat of the future park property (Tract H of the Corrected Registry
Ridge First Filing PUD). The City's Real Estate department is working with the
applicant on the replat and purchase of an additional 1.031 acres to be added to
the park property.
Testimony was offered at the hearing by neighboring residential landowners
concerning the anticipated or feared impacts of the proposed development would
have on the adjacent residential neighborhood. These impacts included reduced
water pressure and availability, drainage impacts, privacy impacts, and overall
concern about the impact on the Registry Ridge Homeowner's Association.
Registry Ridge 5ch PDP
Administrative Hearing
Findings, Conclusions, and Decision
May 9, 2007
Page 2 of 8
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 May 9, 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; (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 testimony provided during 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:
Shelby Sommer, Associate Planner
From the Applicant:
Bud Curtis
From the Public:
Dan Butterfield, 7235 Trout Court
Connie Peterson, 1415 Curtiss Court
George Haag, 1333 Curtiss Court
Kerwyn L. Ballinger, 1402 Truxton Court
Ben and Norma Meeks, 6815 Hancock Drive
Judy Sanborn, 6803 Hancock Drive
David and Kathleen Jewkes, 1408 Reeves Drive
Jill Franz, 1414 Reeves Drive
Fred Warren, 6827 Hancock Drive
6iil
City of Fort Collins
Commi Ay Planning and Environmental rvices
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:
May 9, 2007
Registry Ridge, 5th Filing, Project
Development Plan
File # 32-951
Northern Engineering
c/o Bud Curtis / Cody Snowden
200 S. College Avenue
Fort Collins, Colorado 80524
Lennar Communities
9990 Park Meadows Drive
Lone Tree, Colorado 80124
Cameron Gloss
Current Planning Director
The Applicant has submitted a request to construct 27 single-family residential dwellings
on 7.4 acres located at the southeast corner of Truxtun Drive and Ranger Drive in the
Registry Ridge neighborhood. The proposed density is 4.658 dwelling units per net
acre.
SUMMARY OF HEARING OFFICER DECISION: Conditional Approval
ZONING DISTRICT: LMN- Low Density Mixed -Use Neighborhood
STAFF RECOMMENDATION: Conditional Approval
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020