HomeMy WebLinkAboutSPRING CREEK FARMS NORTH, FILING THREE (PARK) - PDP - PDP120012 - DECISION - FINDINGS, CONCLUSIONS & DECISIONAdministrative Public Hearing Sign -In
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Spring Creek Farms North, Filing 3 # PDP120012
Administrative Hearing Findings, Conclusions, and Decision
June 11, 2012
Page 6 of 6
D. The proposed private park complies with Division 4.6(D) (3) (b) (3) that
requires all parts of such parks shall be safely and easily accessible by
pedestrians, and open to the public.
E.' The proposed private park complies with Division 4.6 (D) (3) (b) (4) that
requires such parks to consist of multiple -use turf areas, walking paths,
plazas, picnic tables, benches or other features for various age groups to
utilize.
FINDINGS OF FACT / CONCLUSIONS:
After reviewing the Spring Creek Farms North Filing No. Three, Project Development
Plan, staff makes the following findings of fact and conclusions:
■ The process located in Division 2.2 - Common Development Review Procedures
for Development Applications of ARTICLE 2 - ADMINISTRATION;
■ The standards located in Division 3.2 - Site Planning and Design Standards;
■ The standards required in Division 4.6 — Medium Density Mixed -Use
Neighborhood of ARTICLE 4 — DISTRICTS; and
■ The proposed use of a private park is permitted in Division 4.5 Low Density
Mixed —Use Neighborhood of ARTICLE 4 — DISTRICTS, subject to an
administrative review.
STAFF RECOMMENDATION:
Staff recommends approval of the Spring Creek Farms North Filing No. Three, Project
Development Plan - #PDP120012
DECISION
The Spring Creek Farms North Filing No. Three, Project Development Plan -
#PDP120012 is hereby approved by the Hearing Officer without condition, dated this
11th day of June, 2012, per authority granted by Sections 1.4.9(E) and 2.1 of the Land
Use Code.
Pete VWy, Senior City Planner
Spring Creek Farms North, Filing 3 # PDP120012
Administrative Hearing Findings, Conclusions, and Decision
June 11, 2012
Page 5 of 6
b. The proposal complies with Section 3.2.2 (D) in that it provides for
safe, convenient, and efficient bicycle and pedestrian movement
through the park.
4. Compliance with Applicable Article 4 — Low Density Mixed -Use
Neighborhood District Standards:
1. Division 4.5 of the Land Use Code, Low Density Mixed -Use Zone District
The proposed use of a private park is permitted in the LMN zone district subject
to an administrative review. This proposal complies with the purpose of the LMN
District, as it is a park with the required purpose of servicing the surrounding
neighborhoods.
2. Division 4.6 of the Land Use Code, Medium Density Mixed -Use Zone District
The proposed park is located in the LMN portion of the Spring Creek Farms
North Overall Development Plan (O.D.P.). The proposed park is intended to
satisfy the Land Use Code requirements of the adjacent MMN portion of the
O.D.P., known as: Spring Creek Farms North Second Filing, Project
Development Plan, #120004. This adjacent 3 story multi -family project consists
of 314 dwelling units distributed amongst 12 buildings on 16 acres located on the
northwest corner of South Timberline Road and East Drake Road. The Project
Development Plan complies with Division 4.6 (D) (3), Access to a park, central
feature, or gathering space as follows:
A. The proposed private park complies with Division 4.6 (D) (3) that requires
development projects to provide a park that is located within one thousand
three hundred twenty (1,320) feet (one -quarter ['/4] mile of at least ninety (90)
percent of the dwellings that is located either within the project or within
adjacent development.
B. The proposed private park complies with Division 4.6(D) (3) (b) (1) that
requires such private parks must be a minimum of ten thousand (10,000)
square feet.
C. The proposed private park complies with Division 4.6(D) (3) (b) (2) that
requires such parks shall be highly visible, secure settings formed by the
street layout and pattern of lots and easily observed from streets.
Spring Creek Farms North, Filing 3 # PDP120012
Administrative Hearing Findings, Conclusions, and Decision
June 11, 2012
Page 4 of 6
Common Development Review Procedures for Development Applications; and Division
2.4 — Project Development Plan.
The Spring Creek Farms North, Filing No. Three, P.D.P. contains a proposed land use
that is permitted as a Type I use, subject to an administrative review. The proposed use
is a private park. The Land Use Code does not require that a neighborhood meeting be
held for a Type I development proposal as described in Division 2.2.2. A City -facilitated
neighborhood meeting was not held to discuss this proposal.
3. Compliance with Applicable Article 3 General Development Standards:
The Project Development Plan complies with all applicable General Development
Standards as follows:
A. Division 3.2, Site Planning and Design Standards
1. Section 3.2.2, Landscaping and Tree Protection
a. The proposal complies with Section 3.2.1 (D) (2) (a) in that canopy
shade (street) trees are provided at a 40' spacing in the parkways
along the adjacent Joseph Allen Drive according to the standards set
forth in this section.
b. The proposal complies with Section 3.2.1(D) (3) in that no one species
of the proposed new trees on the development plan exceeds 15% of
the total proposed trees on -site.
c. The proposal complies with Section 3.2.1(E) (3) in that it the landscape
plan is designed to provide water conserving plants to the extent
reasonably feasible.
d. The proposal complies with Section 3.2.1 (1) in that it the landscape
plan is designed to provide plant materials from a list provided by the
City of Fort Collins of native plants and other plants determined to be
appropriate for and well adapted to local environmental conditions.
2. Section 3.2.2, Access, Circulation and Parking
a. The proposal complies with Section 3.2.2 (C) (5) in that it provides
direct, safe, and continuous walkways and bicycle connections to
major pedestrian and bicycle destinations in the surrounding area.
Spring Creek Farms North, Filing 3 # PDP120012
Administrative Hearing Findings, Conclusions, and Decision
June 11, 2012
Page 3 of 6
John Gooch, 19 Old Town Square, Suite 238, Ft: Collins, CO 80524 .
Steve McGuire, 6300 S. Syracuse Way Suite 263, Englewood, CO 80111
From the Public:
Peggy Grice, 2254 Eastwood Dr., Fort Collins, CO 80525
Nancy Wurst, 2406 Eastwood Dr., Fort Collins, CO 80525
Mr. York, 2001 Creekwood Dr., Fort Collins, CO 80525
Written Comments:
None
FACTS AND FINDINGS
1. Background
The surrounding zoning and existing land uses are as follows:
N: L-M-N;
planned residential (Spring Creek Farms O.D.P.)
S: R-L;
existing residential (Meadows East)
E: M-M-N;
planned residential (Spring Creek Farms, Filing Two)
W: R-L;
existing and planned residential (Parkwood East)
The property was annexed in November 1997 as part of the Timberline Annexation and
was originally zoned T — Transition. A request to amend the Structure Plan and rezone
the property to LMN, Medium Density Mixed -Use Neighborhood (MMN), and
Employment (E) was approved on 2"d reading by City Council on January 16, 2001. The
parcel is part of the 55 acre Spring Creek Farms North Overall Development Plan
(O.D.P.), first approved in February of 2001. In 2004, there was a minor amendment
that added a plan note to the MMN portion of the O.D.P. allowing additional permitted
MMN uses. The 2004 minor amendment also removed the plan note showing a
potential bicycle and pedestrian connection across the railroad. In April 2011, the LMN
portion of the O.D.P. (where the subject parcel is located) was amended to allow all
LMN uses. The previous O.D.P. (2001) specifically called out single family residential:
attached and detached, as well as two family dwellings as the LMN uses for the subject
property. The Spring Creek Farms North Overall Development Plan is attached.
2. Compliance with Applicable Article 2 — Administration:
The Spring Creek Farms North, Filing 3, PDP complies with the applicable requirements
of the Land Use Code, including the procedural requirements located in Division 2.2 —
Spring Creek Farms North, Filing 3 # PDP120012
Administrative Hearing Findings, Conclusions, and Decision
June 11, 2012
Page 2 of 6
throughout the park and along the.street. The park is required in order to satisfy the
City of Fort Collins Land Use Code standards for the Spring Creek Farms North,
Second Filing as part of the Spring Creek Farms North Overall Development Plan. The
park will not be owned by the City and will be privately operated and maintained. The
property is in the Low Density Mixed -Use Neighborhood District (LMN).
SUMMARY OF HEARING OFFFICER DECISION:
ZONING DISTRICT: Low Density Mixed -Use Neighborhood District
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 6:30 p.m. on June 7, 2012 in Conference Room A at 281
North 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;
(3) a sign up sheet of persons attending the hearing; and (4) a tape recording of 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:
Jason Holland, City Planner
From the Applicant:
Terence Hoaglund, P.O. Box 1889, Ft. Collins, CO 80522
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:
June 7, 2012
Spring Creek Farms North Filing three,
Project Development Plan
# PDP 120012
Vignette Studios
C/o Terrence Hoaglund
P.O. Box 1889
Fort Collins, CO 80522
SC residential, LLC
SC Multifamily, LLC
SC Farms, LLC
SC Investment Group, LLC
C/o Steve McGuire
6300 S. Syracuse Way
Suite 263
Englewood, CO. 80111
Pete Wray
Senior City Planner
This is a request for a 1.06 acre small private park that is proposed in conjunction with a
new multifamily development known as Spring Creek Farms North, Second Filing,
which is located on the northwest corner of South Timberline Road and East Drake
Road. The proposed park location fronts on the west side of Joseph Allen Drive and is
approximately 800 feet north of the intersection of Joseph Allen Drive and East Drake
Road.
The proposed park is approximately one acre and is intended to provide recreation and
open space opportunities for the surrounding neighborhoods. The park incorporates
various amenities, such as a lawn activity area, picnic tables, and separate seating
areas distributed throughout the small park. The perimeter of the park is defined by
paved sidewalks in addition to street sidewalks, with planting beds containing native
grasses and predominately low water use shrubs and perennials. Trees are provided
Planning, Development & Transportation Services
art` Collins
of
June 11, 2012
Community Development & Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.416.2740
970.224.6134- fax
fcgov.com
Attendee of the Spring Creek Farms North, Filing 3 Project Development Plan,
#PDP120012 Public Hearing,
Please find attached to this letter a copy of the Type I Administrative Hearing Findings,
Conclusions and Decision for the Project Hearing of the Spring Creek Farms North,
Filing 3 Project Development Plan, # PDP120012.
Pursuant to Section 2.2.7(D) of the Fort Collins Land Use Code, this Decision has been
mailed to the applicant and any person who attended and/or provided testimony at the
public hearing held on June 7, 2012. 1
This final decision of the Administrative Hearing Officer may be appealed to the City
Council, in accordance with Chapter 2, Article II, Division 3 of the City Code, within 14
calendar days of the date of final action June 11, 2012 by the Hearing Officer. The
deadline to file an appeal is 5:00 p.m. on June 25, 2012. Guidelines explaining the
appeal process, including the Code provisions previously referenced, can be found
online at fcgov.com/cityclerk/appeals.php, or may be obtained in the City Clerk's Office
at 300 LaPorte Avenue.
If you have any questions about the attached Decision or the appeal process, please
contact me at 221-6754.
Sincerely,
Pete
Senior City Planner