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HomeMy WebLinkAboutASPEN HEIGHTS STUDENT HOUSING - PDP - PDP110018 - DECISION - FINDINGS, CONCLUSIONS & DECISIONAdministrative Public Hearing Sign -in Project: 91 P&'hJ 116�2 & H7- Sf Meeting Location: Date: PLEASE PRINT CLEARLY Name FK Address Phone Email ( v` S `� Aq I `901sc ,yam I j p f O 1 a QV.� i�V1104 \ k! c, // / C� Q L L y/ 1n x `� LA)1v; C G�v� S `ice �LvC D n fie\ G� �l D R s US iom M 70 Z2Z 3.5- M 9A Co SCo %i m �7 -Z O / i2j I LL �! �r . �% D �aO F-;�- Sji-+, / S8 G�i ric , c J�,m- 2 a �vJ LObS E �e ��e 3p3- o -t� 5 C i. ob2rn 51a No Vom`6 G . qp- - o 6mlC c� ApAN0.t. 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All other dwellings face either a connecting walkway or a major walkway spine. 5. Wetlands will be mitigated at a one-to-one ratio and prairie dogs will be eradicated by a humane method and the loss of habitat will be mitigated off -site in accordance with Section 3.4.1. 6. The project is feasible from a traffic engineering standpoint and bicycle and pedestrian facilities are provided. 7. With regard to compliance with Section 3.6.5 - Transit Facilities, the developer will provide a new bus shelter at the southwest corner of Conifer and Redwood Streets. 8. The future conversion of the single family detached dwellings to Extra Occupancy Rental Houses has been considered into the adequate provision of off-street parking'. The Extra Occupancy Rental Housing request is not presently before the Hearing Officer. 9. The P.D.P. complies with all other applicable General Development Standards of Article Three. DECISION The Hearing Officer herein approves Aspen Heights, P.D.P. #110018, subject to the following condition: To ensure compliance with Section 3.5.1,at the time of submittal for Final Plan, the applicant will provide a landscape plan and architectural character elevations for the clubhouse. Dated June 5, 2012, per authority granted by Sections 1.49 and 2.1 of the Land Use Code. Richard V. Lopez Richard V. Lopez Hearing Officer RM location with a connecting walkway to the clubhouse. C. Public Testimony. Some members of the public believed that residents were not likely to use the buses and would drive their automobiles. d. Hearing Officer. The Hearing Officer finds that the P.D.P. complies with this standard. 16. Section 3.8.28 - Extra Occupancy Rental House Regulations. a. Extra Occupancy Rental House Regulations. After the issuance of certificates of occupancy, the single family detached dwellings will seek conversion to Extra Occupancy Rental Houses to allow four to five tenants per unit. This request is not before the Hearing Officer at this time. b. Staff Analysis. However, the minimum required parking ratio for such units (0.75 spaces per tenant) has been utilized in accordance with Section 3.2.2(K). C. Public Testimony. There were a number of persons who objected to the Extra Occupancy Rental House issue which was not part of the public hearing. d. Hearing Officer. Because the Extra Occupancy Rental House request is not before the Hearing Officer, no findings are made. This matter will be reviewed at the appropriate time and by the appropriate review body. CONCLUSIONS The Hearing Officer has reviewed all of the evidence and testimonies submitted by the applicant, citizens and staff and being fully advised, makes the following findings of fact and conclusions: The P.D.P. complies with the 2007 North College Corridor Sub -area Plan. 2. The P.D.P. complies with the applicable criteria of the CCN zone district. 3. The three residential housing types are permitted in the CCN subject to Administrative Review. 17 14. Section 3.6.4 - Transportation Level of Service Requirements. a. Standards. This standard requires that all development plans adequately provide vehicular, pedestrian and bicycle facilities necessary to maintain the adopted transportation Level of Service standards contained in Part II of the City of Fort Collins Multi -modal Transportation Level of Service Manual for the following modes of travel: motor vehicle, bicycle and pedestrian. The Transit LOS standards contained in Part II of the Multi - modal Transportation Manual will not be applied for purposes of this Section. In order to identify those facilities that are necessary in order to comply with these standards, development plans may be required to include the submittal of a Transportation Impact Study, to be approved by the Traffic Engineer, consistent with the transportation Impact Study guidelines as established in Chapter 4 of the Larimer County Urban Area Streets Standards. b. Staff Analysis. Staff noted that a Transportation Impact Study has been reviewed and evaluated. Aspen Heights provides for vehicular, pedestrian and bicycle facilities necessary to maintain the City's adopted Level of Service Standards. C. Public Testimony. As noted above, concerns expressed by the public were the mass and scale of the proposed development. d. Hearing Officer. The City's Traffic Engineer testified that he had reviewed the Transportation Impact Study and found that it meets the adopted Level of Service Standards. The Hearing Officer has also reviewed the study and agrees that P.D.P. meets this standard. 15. Section 3.6.5(B) - Location of Existing and Planned Transit Routes. a. Standards. The location of existing transit routes shall be defined by the Transfort Route Map in effect at the time the application is approved. The location of planned transit routes shall be defined according to the City Structure Plan, as amended. b. Staff Analysis. Aspen Heights is located on Route 8/ 81 which serves Conifer Street in both directions. Currently, between North College Avenue and Lemay Avenue, a distance of one mile, there are no bus shelters. With the student population and density of Aspen Heights, Transfort is requesting a bus stop on Conifer Street at the southwest comer of the intersection with Redwood. The applicant has agreed to provide bus shelter at this 16 The Hearing Officer has reviewed the plans and agrees with Staff. This P.D.P. meets the standards. 13. Section 3.6.3 - Street Pattern and Connectivity. a. Standard. The local street system of any proposed development shall be designed to be safe, efficient, convenient and attractive, considering use by all modes of transportation that will use the system, (including, without limitations, cards, trucks, buses, bicycles, pedestrians and emergency vehicles). The local street system shall provide multiple direct connections to and between local destinations such as parks, schools, and shopping. Local streets must provide for both intra-and inter -neighborhood connections to knit developments together, rather than forming barriers between them. The street configurations within each parcel must contribute to the street system of the neighborhood. b. Staff Analysis. As noted above, two existing public streets will be extended to internally serve the project - Blue Spruce Drive and Lupine Drive - thus providing both intra-and inter - neighborhood connections. Two external streets will be extended. Redwood Street on the east will be extended south to tie into the segment of Redwood Street that currently exists north from Vine Drive. This will allow access to the downtown area without having to use North College Avenue. New Vine Drive on the south will be constructed from Redwood Street to the Aspen Heights western property line. There is intervening land that remains vacant south of New Vine Drive. This vacant parcel precludes the extension of Blue Spruce Drive south into the Old Town North subdivision. Finally, Lupine Drive will be slubbed to the west property line for a future connection. As the vacant properties to the south and west actively develop, there will be opportunities to complete the public street network via Blue Spruce (north - south) and Lupine (east -west). C. Public Testimony. The public concerns were about the adequacy of the existing street network and linkages to existing streets. Some feared that linking to existing streets would increase traffic and funnel traffic through their neighborhoods. d. Hearing Officer. The Hearing Officer finds that this P.D.P. complies with the standards. The extension of Blue Spruce and Lupine Drive provide the required neighborhood connections. 15 The roofs will feature composition shingles. For the single and two family dwellings, small front porches are provided. Porches are also provided on two out of six multi- family models. At the entrances, columns will feature cultured stone at the base. In order to further promote compatibility, all of the multi -family dwellings that face Redwood street will feature one front porch per unit and such porches will have a minimum depth of six feet. A site plan has been provided for the clubhouse but not a landscape plan or architectural elevations. In order to ensure compliance, with Section 3.5.1, the following condition of approval is recommended: To ensure compliance with Section 3.5.1,at the time of submittal for Final Plan, the applicant shall provide a landscape plan and architectural character elevations for the clubhouse. C. Public Testimony. Concerns expressed by the public were the density of the proposed development. d. Hearing Officer. The Hearing Officer finds that the proposed height, mass bulks and scale of the buildings are residential in character. The project will contribute to the transition of land use intensity from North College Avenue to Redwood Street. 12. Section 3.5.2(C) - Relation of Dwellings to Streets and Parking. a. Standards. The standard requires that every front facade with a primary entrance to a dwelling unit face the adjacent street to the extent reasonable feasible. Every front facade with a primary entrance to a dwelling unit shall face a connecting walkway with no primary entrance more than two hundred (200) feet from a street sidewalk. b. Staff Analysis. The Staff notes that both the connecting walkways and major walkway spines meet the definitions as prescribed in this Section. In general, the project faces outward with fronts of buildings on streets and parking lots are located to the sides and rears of buildings. C. Public Testimony. The comments from the public did not focus on this standard. d. Hearing Officer. 14 10. Section 3.4.1(N)(6) - Standards for Protection During Construction. a. Standards for Protection During Construction. For every development subject to this Division, the applicant shall propose, and the Director shall establish, measures to be implemented during the actual construction phase of the project to ensure protection of natural habitats and features and other associated buffer zones. b. Staff Analysis This standard requires the humane eradication of the prairie dogs. The developer has agreed to one week of live trapping with captured animals to be donated to the U.S. Fish and Wildlife Service Ferret Research Center. Live capture would be followed by fumigation. This methodology has been determined to be consistent with best management practice and in compliance with the standard. C. Public Testimony. As noted above there were concerns about the trapping of the prairie dog colony. Once trapping efforts were concluded after a week, the methods of extermination were called out as an additional concern. d. Hearing Officer. The Hearing Officer reviewed the standard and the testimony by the Environmental Planner and finds that this P.D.P. complies with the standard. 11. Section 3.5.1 - Building and Project Compatibility. a. Compatibility. This standard requires that new projects be compatible with the established architectural character in the general area. The standard also states that where the architectural character is not definitively established, new projects should establish an enhanced standard of quality for future projects or redevelopment in the area. b. Staff Analysis. Staff notes that the site is bordered on the west by vacant land that is also zoned Community Commercial - North College. The site is bordered on the north by Conifer Street (collector) and on the south by the future New Vine Drive (arterial) and parcels on the opposite side of both streets are also zoned CCN. Along the east is Redwood Street (collector) beyond which are single family detached homes zoned RL, Low Density Residential. Aspen Height will feature single family detached dwellings, two-family dwellings and multi -family dwellings ranging in size from three-plex to six-plex. All structures will be two -stories in height and feature pitched roofs. Exterior materials include cementious horizontal lap siding, cementious vertical panel board and cementious shingle siding. 13 feet of an area or feature identified as a natural habitat or feather on the City's Natural Habitats and Features Inventory Map or if any portion of the development possesses characteristics including, without limitation, wetlands, riparian areas or foothills forest. To the maximum extent feasible, the development plan shall be designed and arranged to be compatible and to protect natural habitats and features and the plants and animals that enable them and integrated them within the developed landscape of the community by (1) directing development away from sensitive resources, (2) minimizing impacts and disturbance through the use of buffer zones, (3) enhancing existing condition, or (4) restoring or replacing the resource value lost to the community (either on -site or off -site) when a development proposal will result I the disturbance of natural habitats or features. b. Staff Analysis. Staff noted that the parcel contains a small wetland approximately one-third of an acre in size as confirmed by the Ecological Characterization Study. This wetland will be mitigated at a ratio of one-to-one to be located in the regional detention pond. In addition, the north -south drainage channel will be enhanced with plant material tolerant of wetland conditions. The subject parcel, when combined with the parcel to the west, contains an existing prairie dog colony that exceeds 50 acres. The Ecological Characterization Study has been reviewed and evaluated and confirms both the size and value of this colony. This standard requires that the P.D.P. restore or replace the resource of the value lost to the community (either on -site or off -site). The developer will financially contribute to the restoration of property owned by the city of Fort Collins Natural Areas Program. Based on actual costs the City will collect a restoration fee of $900.00 per acre to be applied to the McKee Farm which is presently undergoing restoration. In compliance with the standard, the developer will pay $27,900.00. The applicant stated this they would attempt to trap and relocate prairie dogs for one week before they resorted to extermination. C. Public Testimony. There were concerns expressed by a member of the public about the trapping of the prairie dog colony. The person asked the applicant and the City to search for a relocation site. If no sites were found, the methods of extermination were called out as an additional concern. d. Hearing Officer. The Hearing Officer has reviewed this standard and the testimony of both members of the public and staff. The efforts to relocate the prairie dog colony are reasonable. The extermination that may occur is also reasonable with concern about the use of the euthanized prairie dogs as food for other wildlife. 12 a. Residential and Institutional Parking Requirements. Residential uses shall provide a minimum number of parking spaces. The proposed conversion of 81 single family detached dwellings to Extra Occupancy Rental Houses with four to five bedrooms per dwelling requires 0.75 spaces per tenant. The total minimum number of spaces required would be 530. b. Staff Analysis. Staff noted that 759 parking spaces are provided which exceed the standard by 229 parking spaces. This allows sufficient guest parking and addresses the concern of spillover parking. C. Public Testimony. There were some comments about the adequacy of this off-street parking provided. Some stated that they believed it was inadequate. d. Hearing Officer. The Hearing Officer finds that the P.D.P. complies with this standard. 8. Section 3.2.5 - Trash and Recycling Enclosures. a. Trash and Recycling Requirements. This section requires the provision of areas, compatible with surrounding land uses, for the collection, separation, storage, loading and pickup of recyclable materials. Adequate, convenient space must be functionally located at multi -family residential land use sites. b. Staff Analysis. Staff notes that the trash enclosures are made of a split -face concrete block. Truck access is provided but screened by a metal gate. Walk-in access is not gated. Enclosures are not within 20 feet of a public sidewalk. As currently proposed, there will be between 12 and 14 enclosures each containing a three -yard dumpster and two 96- galon containers for recyclable materials. C. Public Testimony. There were no comments about this requirement. d. Hearing Officer. The Hearing Officer finds that this P.D.P. meets the standard. 9. Section 3.4.1(A)(1)(b), (2)0),( C) - Natural Habitats and Features. a. Natural Habitats and Features Requirements. This section applies if any portion of the development site is within five hundred (500) 11 the movement of vehicles, bicycles pedestrians and transit, throughout the proposed development and to and from surrounding areas, safely and conveniently and shall contribute to the adequate directness, continuity, street crossings, visible interest and security as defined by the standards in this section. b. Staff Analysis. Staff noted that the site is served by five public streets. The access, circulation and parking are superior to a project that relies on a network of private drives. Where private drives serve parking lots, the drives are designed as U-shaped loops that feature head -in parking. These loops serve only one parking lot each and cannot act in lieu of public streets. c. Public Testimony. Members of the public testified that they were concerned that the added development would lead to increased traffic. They were concerned that added traffic and the presence of children in the existing neighborhoods would lead to unsafe conditions. Some asked if speed bumps should be considered. d. Hearing Officer. The Hearing Officer finds that this P.D.P. complies with this standard. 6. Section 3.2.2 -Access, Circulation and Parking - Bikes and Pedestrians. a. Bikes and Pedestrians Standard. The on -site bicycle system must connect to the city's on -street bikeway network. The on -site pedestrian system must provide adequate directness, continuity, street crossings, visible interest and security as defined by the standards in Section 3.2.2. b. Staff Analysis. Staff noted that the dwellings that do not face a public street are served by either connecting walkways or major walkway spines. Ramps are provided at parking lots and streets. There are two off-street walkways that cross over the north -south drainage channel with bridges. In addition to each street -facing building having a connecting walkway, the clubhouse is connected to the Conifer Street bus stop with a walkway. There is one bike rack per building that can hod two bikes for a total of 442 bike parking spaces. C. Public Testimony. Members did not comment specifically about this standard. d. Hearing Officer. The Hearing Officer finds that this P.D.P. complies with this standard. 7. Section 3.2.2(K)(1) - Required Number of Off-street Parking Spaces. 10 b. Staff Analysis. Staff noted that there are no rows of parking that exceed 15 spaces. Parking lots are compartmentalized and distributed so that no one lot exceeds 100 spaces. The landscaped islands comply with the six percent minimum landscape requirement. C. Public Testimony. Members of the public were concerned with the additional residences and parking. d. Hearing Officer. The Hearing Office finds that the P.D.P. complies with this standard. 4. Section 3.2.1(F) - Tree Protection and Replacement. a. General Standard. Existing significant trees within the Limits of Development and within natural areas that buffer zones shall be preserved to the extent reasonably feasible and may help satisfy the landscaping requirements of this Section as set forth therein. Such trees shall be considered "protected" trees within the meaning of this Section, subject to the exceptions contained in subsection (2) below. Streets, buildings and lot layouts shall be designed to minimize the disturbance to significant existing tees. All required landscape plans shall accurately identify the locations, species, size and condition of all significant trees, each labeled showing the applicant's intent to either remove, transplant or protect. b. Staff Analysis. Staff notes that the construction of the stormwater detention pond will necessitate the removal of existing trees. (Siberian Elms, Cotton -bearing Cottonwoods, Russian Olives, and Female Boxelders are considered nuisance trees and require no mitigation. A tree mitigation plan has been reviewed and accepted by the City Forester at the level that complies with the P.D.P. stage. Approximately 196 trees will be up -sized from the required minimum of two inches to three inches in caliper. c. , Public Testimony. Some members of the public were concerned about the loss of trees and habitats. d. Hearing Officer. The Hearing Officer finds that the P.D.P complies with this standard. The City Forester has reviewed and accepted the tree mitigation plan. 5. Section 3.2.2 - Access, Circulation and Parking - Vehicles. a. Off -Street Parking Spaces. Parking and circulation systems within each development are required to accommodate L9 the project. C. Public Testimony. The public testimony did not focus on this standard. d. Hearing Officer. The Hearing Officer finds that the landscaping complies with the standards. 2. Section 3.2.1(E)(4) - Parking Lot Perimeter Landscaping. a. Protection and Replacement Requirements. Parking lot perimeter landscaping (in the minimum setback areas required by section 3.2.2(J) (Access, Circulation and Parking) shall meet the following minimum standards: (a) trees shall be provided at a ratio of one(1) tree per twenty- five (25) lineal feet along a public street and one (1) tree per forty (40) lineal feet along a side lot line parking setback area. (b) Screening. Parking lots with six (6) or more spaces shall be screened from abutting uses and from the street. b. Staff Analysis. Staff explained that the project has been specifically designed to place the parking lots internal to the project so the dwellings face the public streets. As a result, the only perimeter parking is along the west property line in five small parking lots. These lots are landscaped along the western edge. C. Public Testimony. Members of the public were primarily concerned about the uses and traffic. They did not comment on this standard. d. Hearing Officer. The Hearing Officer finds that the P.D.P. meets this standard. 3. Section 3.2.1.(E)(5) - Parking Lot Interior Landscaping. a. General Standard. Six (6) percent of the interior space of all parking lots with less than one hundred (100) spaces, and ten (10) percent of the interior space of all parking lots with one (100) spaces or more shall be landscape areas. All parking lot islands, connection walkways through parking lots and driveways through or to parking lots shall be landscaped according to the standards in subsections (a) through (f). n The public did not object to the building heights. d. Hearing Officer. The Hearing Officer finds that the proposed two story buildings comply with the standard. 4. Section 4.19(E) - Development Standards. a. Standard. This standard requires that all development in the CCN Community Commercial District shall also comply with the standards contained in the Standards and Guidelines for the North College Avenue Corridor as adopted by the City, to the extent that such standards and guidelines apply to the property to be developed. b. Staff Analysis. Staff noted that most of the standards and guidelines from the original 1994 North College Corridor Plan have been incorporated into the Land Use Code. The remaining standards are primarily geared toward addressing the issues of non-residential redevelopment along North College Avenue. There are no applicable standards that relate to a residential project with no property frontage along North College Avenue. C. Public Testimony. Some members of the public testified that they believed this location was too distant from the CSU campus. They also objected to the increased density. d. Hearing Officer. The Hearing Officer finds that the P.D.P. complies with the standard. ARTICLE 3 - GENERAL DEVELOPMENT STANDARDS Section 3.2.1 - Landscaping and Tree Protection. a. Tree Planting Standards. All developments are required to establish groves and belts of trees along all city streets, in and around parking lots and in all landscape areas that are located within fifty (50) feet of any building or structure in order to establish at least a partial urban tree canopy. b. Staff Analysis. Staff noted that street trees are provided in the parkway along all five public streets. The five major walkway spines are landscaped to frame the walkways. The stormwater detention pond in the southeast comer is landscaped. Foundation shrubs are included for each building. In general, this is a large-scale project with a significant amount of public improvements. The proposed landscaping is commensurate with the scope of 7 C. Public Testimony. The concerns expressed by the public concerned the amount of housing and the " suitability of these dwellings for student housing. Some people stated that they believed this location was too far from Colorado State University ("CSU") to be utilized by students. d. Hearing Officer. The proposed residential uses are appropriate in this area. The distance to CSU is within three miles. The Hearing Officer notes that the Land Use Code does not distinguish between types of occupants (student or otherwise). 2. Section 4.19(D)(1) - Land Us Standards. a. Minimum Density Standard. This standard requires that single family, two-family and multi -family housing have a minimum density of five (5) dwellings units per acre calculated on a gross residential acreage basis for any development project. Single family housing shall be limited to a maximum of forty (40) percent of the geographically distinct district area. b. Staff Analysis. Staff found that the P.D.P contains 221 dwelling units on 31 acres for a gross density of 7.1 dwelling units per gross acre. Under Section 3.8.18, the land that is allowed to be subtracted from the gross acreage is the land dedicated for new Vine Drive since it is classified as an arterial street. Approximately one acre will be so dedicated resulting in a net density of 7.6 dwelling units per acre. C. Public Testimony. The public objected to the high number of residential dwellings and accompanying traffic in this area. d. Hearing Officer. The Hearing Officer finds that the P.D.P complies the minimum density standard with 7.1 dwelling units per acre. 3. Section 4.19(D)(2) - Land Use Standards - Maximum Height. a. Standard. The maximum building height shall be five (5) stories. b. Staff Analysis. Staff determined that all buildings will be two stories. C. Public Testimony. (City Plan) and the formally promulgated polices of the City are all considered part of the evidence considered by the Hearing Officer. The following persons attended the hearing: From the City of Fort Collins: Ted Shepard, Planning Ward Stanford, Traffic Department Lindsey Ex, Environmental Planner From the applicant: Lucia Liley, Esq. Deanne Frederickson, The Fredrickson Group Charlie Vatterott, Aspen Heights Joe Delich, Delich Associates. Larry Owen, PE, Owen Consulting Group From the public: Members from the public testified. A copy of the sign -in sheet is attached hereto. FINDINGS ARTICLE FOUR - CCN ZONE DISTRICT STANDARDS Section 4.19(13)(2)(a) - Permitted Use. a. Permitted Use Standard. This standard lists the permitted uses in the CCN District subject to administrative review. Residential uses including single family, two-family, single family attached multi -family dwellings, group homes, extra occupancy rental house and mixed use dwellings are permitted per subsection (a). b. Staff Analysis. The three proposed uses, single family detached, two-family and multi -family dwellings are proposed. In addition, Aspen Heights proposes to convert all 81 single family detached dwellings into Extra Occupancy Rental Houses with a mix of four and five bedroom units. The conversion to Extra Occupancy houses must be processed as a Basic Development Review after the issuance of a certificate of occupancy. 5 nature of the area and its existing housing stock." (Page 19) • "Goal STN 1. More Complete Street Network. "Evolve a more complete pattern of streets, driveways and alleyways forming interconnected blocks of development, services by public access and utilities, behind highway frontage." • "Goal LU 1. Synergy. Zoning. City actions URA and business association efforts will assist "high multiplier" uses that bring people and economic activity, and add synergy with surrounding properties. Examples include 1) dwellings, 2) stable living -wage jobs, 3) retail sales and 4) attractions." (Page 48) • "Enhanced Travel Corridor. City Plan designates an "Enhanced Travel Corridor" along Conifer Street and southward from Conifer along North College Avenue connecting to Downtown and the Mason Transportation Corridor. Along Conifer, the Enhanced Travel Corridor continues eastward to ultimately connect with future development in the Mountain View Area. An Enhanced Travel Corridor is envisioned to provide a primary, multi -modal transportation corridor with high -frequency transit in future phases of the City's transit system. (Pages 53-54) Aspen Heights P.D.P. fulfills the vision of the North College corridor Plan by being within the Targeted Redevelopment Area and by adding housing units to the benefit of the trade area. With the extensions of Redwood Street, Blue Spruce Drive and Lupine Drive as public streets, Aspen Heights contribute to building a more complete street network. The inclusion of housing along Conifer Street will promote the viability of its designation as an Enhanced Travel Corridor. NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established that the hearing was properly posted, legal notices mailed and notice published. PUBLIC HEARING: The Hearing Officer opened the hearing at approximately 6:05 P.M. on May 21, 2012 in the City Council Chambers, 300 LaPorte Avenue, Fort Collins, Colorado. HEARING TESTIMONY, WRITTEN COMMENTS AND OTHER EVIDENCE: The Hearing Officer accepted the following evidence from the hearing: (1) Planning Department Staff Report; (2) application, plans, maps and other supporting documents submitted by the applicant to the City of Fort Collins; (3) opportunity for public testimony was provided during the hearing and members of the public were present and submitted a variety of documents. The Land Use Code, the City's Comprehensive Plan lI Anheuser Busch Brewery in the mid -eighties allowed many of the parcels to be annexed into the City over time. There are several residential subdivisions that developed as individual projects over the past 30 years and are served by a neighborhood park (Greenbriar). Despite being in such close proximity to Downtown and North College Avenue, the area has a remarkable lack of public improvements and maintains a look and feel that are unique. As the City continues to fill in the Growth Management area, northeast Fort Collins will likely experience significant development pressure as growth finds its way to large vacant parcels of land. The Master Street Plan calls for existing East Vine Drive to be downgraded to a local street and replaced by a new, realigned arterial that would be located parallel and approximately 1,500 feet to the north. This new Vine Drive would begin on North College Avenue and align with the existing Pinion Street intersection and extend east to Lemay Avenue (one mile east). The southern property line of Aspen Heights adjoins the future right-of-way for new Vine Drive. Currently, there is no capital project funding for construction of this new roadway but segments will be dedicated and constructed as development occurs. 3. North College Corridor Sub -area Plan The original North College Corridor Sub -area Plan ("NCCP") was adopted in 1994 and formed the basis of the subject site's Community Commercial Neighborhood zone district. The NCCP was updated in 2007 to reflect the Dry Creek floodplain improvements and the access control efforts made jointly by the City and CDOT. The zoning of the site remains consistent across both plans. Highlights of the NCCP, as it relates to Aspen Heights are summarized as follows: "The NCCP identifies the North College corridor among "Targeted Redevelopment Areas" where general agreement exists that infill and redevelopment are beneficial; increase economic activity is desired; and it is appropriate to facility urban evolution." (Page 13) "Housing. The economic strength of businesses in the corridor is largely dependent upon customers in the trade area. A market analysis indicates a need for building up the customer base within the trade area and the corridor itself." (Page 19) Market analysis encourages a mix of housing, which in this case refers to a need to encourage some moderate and higher income housing in addition to lower income housing, which is naturally expected given the 3 SUMMARY OF HEARING OFFICER DECISION: APPROVAL SUBJECT TO ONE CONDITION BACKGROUND: SURROUNDING ZONING AND LAND USES Direction Zone Land Use N CCN Counseling and Treatment Center, Electrical Sub- station and single family S CCN Existing single family (Old Town North) E RL Existing single family (Redwood Village) LMN Vacant W CCN Vacant 2. CONTEXT OF THE SURROUNDING AREA Historically, this area has been under -developed when compared to other parts of the City of Fort Collins. For decades, much of the area was designated by F.E.M.A as within the 100-year floodplain of Dry Creek (a tributary to the Poudre River to the north and east). Over the past ten years, however, the City has installed upstream and downstream stormwater drainage improvements and most, but not all, of the land has now been removed from the F.E.M.A. floodplain maps. As a result, the general area is now experiencing redevelopment along North College Avenue (North College Marketplace - King Soopers) and new development activity on,vacant land (Old Town North Subdivision). The northeast quadrant of the City is also traversed by the Poudre River and the Burlington Northern Railroad tracks and switching yard. These features create access challenges and have, over the long run, contributed to the isolation of the area. Further, the area was the site of the original Great Western Sugar Beet Factory located along East Vine Drive. This large, heavy industrial complex was active from its founding in 1900 to 1960's. The works were then converted to a manufactured home factory. The area quickly blends into unincorporated Larimer County and large -lot subdivisions and small farms and pastures on small acreage. The flagpole annexation for the 2 CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: May 21, 2012 PROJECT NAME: Aspen Heights. CASE NUMBER: P.D.P. 110018 APPLICANT: Breckenridge Land Acquisition c/o Deanne Frederickson The Frederickson Group 7711 Windsong Road Windsor, CO 80550 OWNER: First Bank 1707 Main Street Longmont, CO 80501 HEARING OFFICER: Richard V. Lopez PROJECT DESCRIPTION: This is a request for 221 dwellings on 31 acres located south of Conifer Street, west of Redwood Street and north of Old Town North subdivision. The dwellings and number of bedrooms would be divided in the following manner: 81 Single Family detached - (4-5 bedrooms); 62 Two Family (duplexes) (2-3 bedrooms); 78 Multi -Family (row houses, 3-6 units per building) (2-3 bedrooms). There would be a total of 712 bedrooms, each leased individually. All dwellings would be two stories. A total of 786 off-street parking spaces would be provided. The project includes a clubhouse, pool; outdoor sport court and leasing office. Blue Spruce Drive and Lupine Drive are two public streets that would be extended to serve the site. Redwood Street would be extended south to connect with the existing Redwood Street resulting in a complete roadway between existing East Vine Drive and Conifer Street. A segment of the new, realigned Vine Drive would be constructed along the project's southern property line but will not extend to North College Avenue. Planning, Development & Transportation Services ,�t� Collins of June 5, 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 Aspen Heights Project Development Plan, # 110018 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 Aspen Heights Project Development Plan, # 110018. 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 May 21, 2012. This final decision of the Administrative Hearing Officer may be appealed to the City Council, in accordance with Chapter 2, Article ll, Division 3 of the City Code, within 14 calendar days of the date of final action June 5, 2012 by the Hearing Officer. The deadline to file an appeal is 5:00 p.m. on June 19, 2012. Guidelines explaining the appeal process, including the Code provisions previously referenced, can be found online at fcqov.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 970-221-6343. Sincerely, T Ted Shepard Chief Planner