HomeMy WebLinkAboutSPRING CREEK FARMS NORTH SECOND FILING (TRAILS @ TIMBERLINE) - PDP - PDP120004 - DECISION - CORRESPONDENCE-HEARINGName
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Dated June 12, 2012, per authority granted by Sections 1.49 and 2.1 of the Land Use
Code.
Richard V. Lopez
Richard V. Lopez
Hearing Officer
26
Department.
e. Hearing Officer.
The Hearing Officer finds that:
(1) The granting of the Modification would not.be detrimental to the public
good; and
(2) The plan as submitted will promote the general purpose of the standard
for which the Modification is requested equally well or better than would a
plan which complies with the standard for which the modification is
requested.
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 Spring Creek Farms North, Second Filing, P.D.P. complies with the
applicable standard of Article Four - Medium Density Mixed Use
Neighborhood (MMN) zone district.
2. The P.D.P. complies with the applicable Article Three General
Development Standards with one exception.
3. A Request for Modification to Section 3.2.2(K)(1)(a) to allow 114 parking
spaces to be located within garages, at separate lease rates, is approved
based on the P.D.P. being equal to better than a plan that would
otherwise comply with the standard. This is because there are 22 spaces
provided over the required minimum. In addition, in order to address the
public concern with potential spillover parking, there are two enforcement
provisions to ensure that garage spaces will be fully utilized and not
remain vacant or sued for other purposes other than vehicle parking.
The three residential housing types are permitted in the CCN subject to Administrative
Review.
DECISION
The Hearing Officer herein approves Spring Creek Farms North Second Filing
Project Development Plan #120004, as modified herein.
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in Land Use Code Sections 2.8.2(H), 2.8.2(H)(1) and 2.8.2(H)(4):
"The decision maker may grant a modification of standards only if it finds
that the granting of the modification would not be detrimental to the public
good and that:
The Applicant asserts that there is no harm to the public in allowing the
garage parking spaces to count toward the minimum parking requirements
and allowing the Applicant to change a higher rent for those units to which
garage parking space is assigned.
The Applicant's plan to provide multi -family units with higher -end amenities,
including garage parking, is market driven. There is a demand for such units by a sector
of the public, filing this need benefits the public. Market statistics indicate a high
demand for garage parking in higher -end multi -family development similar to this
project, resulting in essentially no garage being left empty or unused.
The Project provides more than the required number of parking spaces. The number of
parking spaces per dwelling unit is based on the number of bedrooms per unit. The
applicant is providing 22 spaces more than the required number. There will be a
sufficient number of standard parking spaces available for all tenants and their guests.
To ensure that all tenants with garage spaces actually utilize their garage for parking
and to prevent tenants from using other spaces standard parking spaces which should
be available to the tenants, the Applicant will include a provision in its leases which
requires the garages' primary use to be for vehicle parking and prohibits use of the
garages primarily for storage. This provision of the lease will be enforceable in the
same manner as any other lease provision. In addition to the lease provision, the
Applicant agrees to add note to the site plan and a condition to the development
agreement that requires the garages to be used primarily for vehicle parking and not
storage.
Charging a tenant a higher rent for a garage parking space assigned to a unit does not
affect the number of spaces provided overall, nor does it have any impact on the
development plan or cause the Project to diverge in any way from compliance with the
other standards of the Land Use Code. In fact, the Project will continue to meet all
other applicable standards of the Land Use Code. -
d. Staff Evaluation and Analysis.
Through the lease provisions requiring garages primary use to be for vehicle parking
and prohibiting the use of the garages primarily for storage the intent of the parking
garage stipulation can be achieved. In addition, to address potential spillover parking
there are two enforcement remedies. First there will be a note on to Final Site Plan,
second, there will be a condition to the Development Agreement that requires the
garages to be used primarily for vehicle parking and not for storage. These two
documents will govern the project and have the full force and effect of the Zoning
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(a) Attached Dwellings; For each two family and multi -family dwelling there shall
be parking spaces provided as indicated by the following table.
Number of Bedrooms/Dwelling
Unit
One or less
1.5
Two
1.75
Three
2.0
Four or above
2.5
Spaces that are located in detached residential garages (but not including parking
structures) or in attached residential garages, which attached garages do not provide
direct entry into an individual dwelling unit, may be credited toward the minium
requirements contained herein only if such spaces are made available to dwelling unit
occupants and no additional rent or purchase cost (beyond the dwelling unit rental rate
or purchase price).
b. Description of the Modification:
The project proposes a total of 314 individual dwelling units and 485 bedrooms on
MMN-zoned property in Parcel B1 of the Amended Overall Development Plan for
Spring Creek Farms North. The Project complies with Section 3.2.2(K)(1)(a) in that it
provides 536 parking spaces which number is greater than the minimum required
number of parking spaces (514). Of the 536 spaces, 418 will standard surface parking
spaces, 114 will be in detached residential garages and 4 in attached garages. The
applicant requests that credit toward the minimum parking required be given for all 118
garage parking spaces even though they would charge an additional fee for the garage
space.
C. Summary of Applicant's Justification.
The applicant proposes to differentiate rents among the units in the Project based on
market factors including, but not limited to location, square footage, number of
bedrooms (i.e., studio, one -bedroom, two -bedroom and three -bedroom), views,
finishes, amenities, current market rates and whether or not there is a garage parking
space assigned to the unit.
In support of its request, the Applicant submits the following explanation of how its
request complies with the standard for approval of its modification request contained d
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Overall, the project is feasible from traffic engineering standpoint.
The Traffic Department is planning on re -striping in the near future to a second
southbound left turn lane at Drake Road and Timberline Road. This additional
southbound left turn lane will assist in providing relief from the proposed project traffic
impacts.
The project will be required to construct Joseph Allen Drive to the west including all
public sidewalks along existing public streets.
C. Public Testimony.
As noted above, concerns expressed by the public were the additional traffic that could
congest the surrounding streets.
d. Hearing Officer.
The Hearing Officer has also reviewed the study and agrees that P.D.P. meets this
standard.
20. Section 3.6.5(B) - Transit Facilities Standards.
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.
The P.D.P. will provide a 12 by 18 foot concrete pad for a future bus shelter on East
Drake Road, approximately 55- -75 feet back from the intersection.
C. Public Testimony.
The members of the public did not comment on this standard.
d. Hearing Officer.
The Hearing Officer finds that the P.D.P. complies with this standard.
Request for Modification - Section 3.2.2(K)(1)(a) - Parking Spaces for Multi -
Family Dwellings:
1. The Standard At Issue - Section 3.2.2(K)(1)(a).
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traffic and funnel traffic through their neighborhoods.
d. Hearing Officer.
The Hearing Officer finds that this P.D.P. complies with the standards.
19. 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.
Access will be via a new street -like private drive that intersects with South Timberline
Road. Two additional access points will be gained via Loop South and Loop North
Drive that intersects with Joseph Allen Drive.
As previously mentioned, South Timberline Road is designate as a six -lane arterial
street on the Fort Collins Master Street Plan. Currently, South Timberline Road has a
four -land cross section. At the Drake/intersection, Timberline Road has dual
northbound left -turn lanes, a southbound left -turn lane, two through lanes in each
direction and a northbound and southbound right turn lanes. The Study makes th
following conclusions:
The key intersections will operate acceptably within the recommended
geometry.
According to the Manual of Uniform Traffic Control Devices, a traffic signal
is not warranted at the East Drake Road and Joseph Allen Drive
intersection. Moreover, no new traffic signals or signal modifications will
be required with the construction of the project.
• Multi -modal Level of service Standards can be achieved.
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The Hearing Officer finds that this P.D.P. meets the standards.
17. 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 in the case of Building 1.1, the building is oriented to Loop North
Drive, a street -like private drive. IN general, the majority of the project faces outward
with fronts of buildings on streets and parking lots are located to the sides and rears of
building.
C. Public Testimony.
The comments from the public did not address this standard.
d. Hearing Officer.
The Hearing Officer has reviewed the plans and finds that this P.D.P. meets the
standards.
18. Section 3.6.2(L)(1)(c) - Street -Like Private Drives.
a. Standard.
A street -like private drive shall be allowed a primary access to facing buildings or to
parcels internal to a larger, cohesive development plan, or for the purpose of meeting
other requirements for streets. Street -like private drives shall be designed to include
travel lanes, on -street parking, tree -lined border(s), detached sidewalk(s) and
crosswalks. Other features such as bikeways, landscaped median, corner plazas and
pedestrian lighting may be provided to afford an appropriate alterative to a street in the
context of the development plan.
b. Staff Analysis.
The two street -like private drives, Loop Drive and Entry Drive, are utilized internally
serve the project and both street -like private drives satisfy the standard.
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
tandem with the articulation and other complementing architectural accents, create
interesting buildings for the surrounding area.
C. Public Testimony.
There were no comments regarding this standard.
d. Hearing Officer.
The Hearing Officer finds that this P.D.P. meets the standard.
16. Section 3.5.1 (G) - Building Height Review.
a. Review Standards.
If any building or structure is proposed to be greater than forty (40) feet in height above
grade, the Building or structure must meet the special review criteria relating to views,
light and shadow, privacy and neighborhood scale.
b. Staff Analysis
Views and Neighborhood Scale: With regards to views, the new buildings
do not substantially alter the opportunity for, quality of, describable views from public
places, streets, and parks within the community. In terms of neighborhood scale,
Spring Creek Farms North Second Filing, with its three-story buildings (maximum height
of 45 feet with pitched roofs) become s logical transition in land use intensity from east
to west. In addition, the human scale is respected with the orientation of all buildings to
the adjoining public street.
Light and Shadow: The applicant provided a shadow analysis. LUC
Section 3.5.1(G)(1)(a) 2. States that adverse impacts include but are not limited to the
casting of shadows on adjacent property sufficient to preclude the functional use of
solar energy technology, creating glare such as reflecting sunlight or artificial lighting at
night, contributing to the accumulation of snow and ice during the winter on adjacent
property, and the shading of window gardens for more than three months of the year.
The shadow analysis indicates that there is slight shadowing only on Joseph Allen Drive
and Charles Brockman Drive from buildings 1.1, 2.1, 2.5 and 3.4 during the 90-day
winter shadow. Staff concludes that shadows caused by these buildings would not
have a substantial adverse impact on the distribution of natural and artificial light on
adjacent private property for more than three months over an above that which is the
present condition.
C. Public Testimony.
There were no comments regarding these standards.
d. Hearing Officer.
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d. Hearing Officer.
The Hearing Officer finds that the proposed height, mass bulks and scale of the
buildings are residential in character.
14. Section 3.5.1 - Building and Project Compatibility.
a. Building Size, Height, Bulk, Mass, Scale.
This standard requires that buildings shall either be similar in size and height, or, if
larger, be articulated and subdivided into massing that is proportional to the mass and
scale of other structures, if any, on the same block face, opposing block face or cater
corner block face of the nearest intersection.
b. Staff Analysis.
The Staff found that the proposed buildings are similar in size, bulk, mass and scale to
the existing Side Hill Condominium buildings across South Timberline Road. The
project does not abut any existing single family neighbored as the undeveloped, Low
Density Mixed -Use Neighborhood (LMN) zoned Parcel A, provides a buffer between the
established Parkwood East neighbored to the east. IN addition, the lengthier 36 -unit
buildings are subdivided into distinct expressions, defined by their articulation and
recessed components.
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.
15. Section 3.5.1 - Building Materials and Color.
a. Standard.
This section calls for building materials to be similar to the materials already being used
in the neighborhood, or, if dissimilar materials are being proposed, other characteristics
such as scale and proportions, form, architectural detailing, color, and texture, shall be
utilized to ensure that enough similarity exists for the building to be compatible, despite
the differences in materials.
b. Staff Analysis:
Staff noted that the proposed buildings use a combination of stucco, masonry veneer
and cemetedious board and batten siding as the primary exterior materials and feature
an array of muted earth tones. The arrangement of these materials and color, in
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 befunctionally located at multi -family residential land
use sites.
b. Staff Analysis.
Staff notes that the P.D.P. provides seven enclosures, approximately 308 square feet in
size distributed internally throughout the development site. Enclosure will be 6 feet in
height and constructed of concrete masonry units.
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.
13. Section 3.5.1 - Building and Project Compatibility.
a. Architectural Character.
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 for this location, the context is a mix of LMN and MMN residential
densities and vacant land with LMN zoning. Contextually speaking, the vacant LMN
parcels to the west, Parcel Al and A2 (18 acres combined), are anticipated to be
residential in nature with a mix of single family detached and single family attached
(town homes) with sufficient densities to provide transition and compatibility with the
Parkwood East neighborhoods to the west. As illustrated, the primary intent of the
Spring Creek Farms North O.D.P. was to place the more intense land uses closer to
South Timberline Road and then feather the density and transition moving west along
East Drake Road.
In terms of Architectural character this P.D.P. set an enhanced standard with a high
level of articulation and mix of exterior materials. Balconies add interest to the facade
and roof lines provide appropriate variation on a larger, coordinated theme.
Additionally, all buildings contain Architectural features such as overhangs and entry
features providing both horizontal and vertical relief.
C. Public Testimony.
Concerns expressed by the public were the density of the proposed development.
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d. Hearing Officer.
The Hearing Officer will make his findings in the Modification of Standards section
below.
10. Section 3.2.2(K)(5) - Handicap Parking
a. Spaces Standard
The standard describes the location, marking, width and number of handicapped
parking spaces. This requirement is a specific number or percentage of the total
spaces.
b. Staff Analysis.
Staff has determined that the site plan shows 11 handicap spaces or 2 % of the total
automobile parking spaces requirement.
C. Public Testimony.
The members of the public did not speak to this standard.
d. Hearing Officer.
The Hearing Officer finds that this P.D.P. meets this standard.
11. Section 3.2.4 - Site Lighting.
a. General Standard.
All development, except developments that contain only single-family residential uses,
shall submit for approval a proposed lighting plan that meets the function security
needs of the proposed land use without adversely affecting adjacent properties or the
community.
b. Staff Analysis.
The proposed site lighting general complies with the requirements set forth in this
section fo the LUC. Parking lot lighting will feature down -directional and sharp cut-off
fixtures. The public street lighting has been factored into the Lighting Plan to avoid
redundancy.
C. Public Testimony.
No members of the public testified regarding this standard.
d. Hearing Officer.
The Hearing Officer finds that this P.D.P. meets this standard.
12. Section 3.2.5 - Trash and Recycling Enclosures.
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landscaped island, points of conflict and lot size/scale of parking lots as set forth therein
in subsections (1) through (6).
b. Staff Analysis.
The mixed -use clubhouse is located directly on entry drive, the primary street -like
private drive connecting to South Timberline Road. The interior sidewalks connect the
buildings to the central common area.
C. Public Testimony.
The members of the public did not address this standard.
d. Hearing Officer.
The Hearing Officer finds that this P.D.P. complies with the standard.
9. Section 3.2.2(K)(1) - Parking.
a. Residential and Institutional Parking Requirements.
Residential uses shall provide a minimum number of parking spaces based on the
number of bedrooms per dwelling unit. This standard also stipulates that:
"Spaces that are located in detached residential garages... may be
credited toward the minimum requirements contained herein only if such
spaces are made available to dwelling unit occupants at no additional
rental or purchase cost (beyond the dwelling unit rental rate or purchase
price)."
b. Staff Analysis.
Staff noted that the project proposes 18 studio, 144 one -bedroom, 133 two -bedroom
and 19 three -bedroom units for a total of 485 bedrooms. The Land Use Code requires
1.5 Parking spaces for studio and one —bedroom units; 1.75 parking spaces for two
bedroom units and 2 parking spaces per three -bedroom unit. The project is required to
provide 514 parking spaces total.
The P.D.P. provides 407 standard vehicle parking spaces and 118 garage parking
spaces for a total of 525 packing spaces, exceeding the minimum parking requirements
for vehicles by 11 spaces. The applicant has requested a Modification of standard
regarding the ability to credit garages toward the minimum Parking requirements only if
the garages are nota at additional cost to residents. (This is discussed in more detail in
the Modification of Standards section below).
C. Public Testimony.
There were some comments about the adequacy of this off-street parking provided.
Some stated that they believed it was inadequate.
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b. Staff Analysis.
The access and circulation system provides one vehicular connection to Joseph Allen
Drive and one to South Timberline Road. The site is bounded by four public streets
and includes sidewalks with connecting walkways to building frontage. Internally, the
site features a tree -lined, street -like private drive, with 5 and 6 foot walkways providing
internal pedestrian circulation. Moreover, a 6 foot attached sidewalk with tightly spaced
ornamental trees line Entry Drive off South Timberline Road. The project provides a
raised entry with scored concrete at the internal intersection of Loop Derive East and
Entry Drive providing an enhanced crosswalk. A 12 foot by 18 foot concrete pad is
included directly adjacent to the curb on East Drake Road for a future Transfort bus.
shelter. Additionally, a pedestrian easement will be provided for a future bumpout.
C. Public Testimony.
No members of the public commented on this requirement.
d. Hearing Officer.
The Hearing Officer finds that this P.D.P. complies with this standard.
7. Section 3.2.2(C)(4) - Bicycle Facilities.
a. Bike Standard.
Commercial, industrial, civic and employment and multifamily residential uses shall
provide bicycle facilities to meet the standard for bicycle parking, location and design.
This includes a minimum number of bicycle parking spaces equal tin number to five (5)
percent of the total numbered of automobile parking spaces provided by the
development, but not less than one (1).
b. Staff Analysis.
Staff noted that the project includes 536 vehicular parking spaces. The project provides
52 exterior bicycle parking spaces via nine "u-shaped" racks distributed through the
development in convenient and logical locations, exceeding the 5 percent minimum
requirement.
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.
8. Section 3.2.2(E) - Parking Lot Layout.
a. Standard.
This standard regulates the circulation routes, traffic control devices, orientation,
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b. Staff Analysis.
Staff notes that the project has been intentionally designed to place the parking lots
internal to the project so the dwellings face the public streets. As a result there is no
standard "perimeter parking" that applies.
C. Public Testimony.
No members of the public commented on this standard
d. Hearing Officer.
The Hearing Officer finds that the P.D.P complies with this standard.
5. Section 3.2.1 (E)(5) - Parking Lot Interior Landscaping.
a. Standard.
As required in Section 3.2.2(M)(1) Access, Circulation and Parking, 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 hundred (100) spaces or
more shall be landscape areas. All parking lot islands, connecting walkways through
parking lots and driveways through or to parking lots shall be landscaped according to
the standards set forth in sections (a) through (f).
b. Staff Analysis.
Staff noted that there are no rows of parking that exceed 15 spaces. As illustrated on
the landscape plan and compliance chart on page L-2, proposed parking areas allocate
greater than 6% of landscaped areas, including trees within all of the parking area
islands, and at the ends of parking aisles, when such areas can physically
accommodate a tree.
C. Public Testimony.
No members of the public testified regarding this standard.
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.
a. Standard.
The parking and circulation system within each development shall accommodate 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 attractiveness fo the development. The on -site pedestrian system
must provide adequate directness, continuity, street crossings, visible interest and
security as defined by the standards in this section.
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no more than 15% off the total number of trees provided will be of the same species.
At the time of final landscape plan submittal, the applicant intends to provide specific
documentation regarding plant quantities as well as label all plant species locations on
the landscape plan.
C. Public Testimony.
Members of the public did not testify regarding this standard.
d. Hearing Officer.
The Hearing Officer finds that the P.D.P. meets this standard.
3. Section 3.2.1. (E)(3) - Water Conservation Standards.
a. General Standard.
To the extent reasonably feasible, all landscape plans shall be designed to incorporate
water conservation materials and techniques in order to comply with each of the
Xeriscape landscaping principles listed. Xeriscape landscaping principles do not
include or allow artificial turf or plants, mulched (including_ gravel) beds or areas without
landscape plant material, paving of areas not required for walkways, plazas or parking
lots, bare ground, weed covered or infested surfaces or any landscaping that does not
comply with the standards listed therein.
b. Staff Analysis.
Staff noted that water conservation techniques and materials are incorporated into the
Spring Creek Farms North Second filing P.D.P. landscape plan by the use of mostly
drought tolerant trees and moderate water use plant materials where practical. An
automatic, underground irrigation system will be designed to address specific needs of
different plant species, soil conditions as well as the slope and aspect of the different
hydro zones. Regular and attentive maintenance is stipulated in the landscape notes.
C. Public Testimony.
Members of the public did not comment on this standard.
d. Hearing Officer.
The Hearing Office finds that the P.D.P. complies with this standard.
4. Section 3.2.1(E)(4) -Parking Lot Perimeter Landscaping.
a. General Standard.
Parking lot perimeter landscaping in the minimum setback areas required by Section
3.2.2(J) (access, Circulation and Parking) are required to meet the minimum standards
set forth in the Section.
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d. Hearing Officer.
The Hearing Officer finds that the P.D.P. complies with the standard.
ARTICLE 3 - GENERAL DEVELOPMENT STANDARDS
1. 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 at 40 feet on center in the 10 foot parkway
strip along East Drake Road, Joseph Allen Drive and Charles Brockman Drive. Existing
water utilities preclude street trees in the parkway along South Timberline Road.
However, a number of large canopy trees are placed between the sidewalk and
buildings to provide some relief. This wishbone -shaped internal walkway spine is
landscaped to frame the walkways. The stormwater detention pond in the southeast
corner is well landscaped with both deciduous and coniferous trees. Foundation shrubs
are included for each building.
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(D)(3) - Minimum Species Diversity.
a. Standard.
The standard is intended to prevent uniform insect or disease susceptibility and
eventual uniform senescence on a development site of in the adjacent area or the
district, species diversity is required and extensive monocultures are prohibited.
Minimum. requirements are set forth in the referenced chart.
b. Staff Analysis.
Staff explained that this standard as applied to this P.D.P. requires that no one species
of tree (deciduous or evergreen) will exceed the allowable 15% of the total number of
trees on the landscape plan. While the proposed landscape plan does not provide
specific species location on the landscape plan, the plan provides a note specifying that
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projections, recesses, covered doorways, balconies, covered box or bay windows
and/or other similar features, dividing large facades and walls into human -scale
proportions similar to the adjacent single or two-family dwellings, and shall not have
repetitive, undifferentiated wall planes. Building facades shall be articulated with
horizontal and/or vertical elements that break up bland walls of forty (40) feet or longer.
Facade articulation may be accomplished by offsetting the floor plan, recessing or
projections of design elements, change in materials and /or change in contrasting
colors. Projections shall fall within setback requirements.
b. Staff Analysis.
Staff noted that P.D.P. provides adequate articulation while adding interest to each
facade through the different balcony expressions. Although the "traditional craftsman"
(Building 3.1) is long at more than 215 feet, its length is mitigated by the emphasis on
the vertical elements, via recesses and projections that create defined shadow lines.
All buildings contain sufficient architectural features, such as balconies, overhangs and
entry features creating both horizontal and vertical relief.
C. Public Testimony.
No members of the public testified regarding this standard.
d. Hearing Officer.
The Hearing Officer finds that the P.D.P. complies with the standard.
11. Section 4.6(E)(3)(g) - Colors and Materials.
a. Standard.
This standard requires that colors of non -masonry materials shall be varied from
structure to structure to differentiate between buildings and provide variety and
individuality. Colors and materials shall be integrated to visually reduce the scale of the
buildings by contrasting trim, by contrasting shades or by distinguishing one (1) section
or architectural element from another. Bright colors, is used, shall be reserved for
accent and trim.
b. Staff Analysis.
Staff noted that P.D.P. provides a range of appropriate, earth tone colors for the
cementedious board and batten siding and stucco. The color expressions vary in terms
of a cream siding on the 36 unit "traditional craftsman" to a caramel stucco on the
prairie craftsman to a muted sage on the small 12 unit "rustic" building. Light colored
trim work highlights the horizontal nature and theme of the "prairie craftsman."
C. Public Testimony.
No members of the public testified regarding this standard.
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negotiates between the structure and ground.
The larger, 36 unit "traditional craftsman" building features a more segmented roof
massing, punctuating the roof into four sectors. In contrast to the "prairie craftsman"
buildings, the eves on the 36 unit "traditional craftsman " are more staccato in nature.
The building reads as four separate masses, vertically, and the bay windows assist in
solidifying this expression.
C. Public Testimony.
The public did not comment on this standard.
d. Hearing Officer.
The Hearing Officer finds that the P.D.P. complies with the standard.
9. Section 4.6(E)(3)(c) - Variation of Color.
a. Standard.
This standard requires that each multi -family building feature a palette of muted colors,
earth tone colors, natural colors found in surrounding landscape or colors consistent
with the adjacent neighborhood. For a multiple structure development containing at
least forty (40) and not more than fifty-six (56) dwelling units, there shall be at least two
(2) distinct color schemes used on structures throughout the development. For any
such development containing more than fifty-six (56) dwelling units, there shall be at
least three (3) distinct color schemes used on structures throughout the development.
For all developments, there shall be no more than two (2) similar colored structures
placed next to each other along a street or major walkway spine.
b. Staff Analysis.
Staff noted that the P.D.P. provides two earth tone color schemes for both the "prairie
craftsman" style (24 unit buildings) building and the "traditional craftsman" (36 unit)
buildings. The 12 unit "rustic" building keeps with the architectural theme with a slightly
darker, muted earth tone color palate that primarily features a sage cementitious board
and batten siding.
C. Public Testimony.
No members of the public testified regarding this standard.
d. Hearing Officer.
The Hearing Officer finds that the P.D.P. complies with the standard.
10. Section 4.6(E)(3)(f) - Facades and Walls.
a. Standard.
This standard requires that each multi -family dwelling shall be articulated with
M
7. Section 4.6(E)(1)(d) - Building Height.
a. Standard.
This standard requires that buildings be limited to a maximum of three (3) stories.
b. Staff Analysis.
Staff noted that the P.D.P. features 12 three-story buildings with a maximum height of
46 feet.
C. Public Testimony.
There were no comments from the public regarding this standard.
d. Hearing Officer.
The Hearing Officer finds that the P.D.P. complies with the standard.
8. Section 4.6(E)(3)(b) - Variation Among Repeated Buildings.
a. Standard.
This standard requires that for any development containing at least five (5) and not
more than seven (7) buildings (excluding clubhouses/leasing offices), there shall be at
least two (2) distinctly different building designs. For any such development containing
more than seven (7) buildings (excluding clubhouses/leasing offices) there shall be at
least three (3) distinctly different building designs.
For all developments there shall be no more than two (2) similar buildings placed next
to each other along a street, street -like private drive or major walkway spine. Buildings
shall be considered similar unless they vary significantly in footprints size and shape,
architectural elevations and entrance features, within a coordinated overall them of roof
forms, massing proportions and other characteristics. To meet this standard, such
variation shall not consist solely of different combinations of the same building features.
b. Staff Analysis.
Staff notes that the P.D.P. provides a smaller, square shaped, 90-by-75 foot building,
such as Building 1.1; a medium sized, 153-by-76 foot building, such as Building 2.1 and
a larger, 216-by-7 foot building such as Building 3.2. No more than two of each type
are located next to each other.
The smaller, 12 unit "rustic' building features stick framed open balconies, open gable
roofs and heavier textured materials and is complemented by as lightly darker, muted
earth tone color palates. The eye is drawn to the windows, assisting in highlighting the
ventricle line of the structure.
The 24 unit buildings have a prairie style horizontal architecture including punched
windows and a more solidified balcony expression. The contiguous roof massing and
single eave line create a more singular building appearance. The prairie style and
horizontality is strengthened with the inclusion of a masonry veneer plinth that effective
house, Buildings 1.1, 23.4, 3.5 and garages 13-15. The block is bounded
by Joseph Allen Drive (public street) to the west, Loop North Drive to the
north, Loop East Dive to the east and Loop South Drive to the south (all
street -like private drives).
C. Public Testimony.
There was no testimony regarding this standard.
d. Hearing Officer.
The Hearing Officer finds that the utilization fo a street -like private drives, the P.D.P.
complies with the block size and structure standards.
6. Section 4.6(E)(1)(c) - Minimum Building Frontage.
a. Standard.
This standard requires that forty (40) percent of each block side or fifty (50) percent of
the block faces of the total block shall consist of either building frontage, plazas or other
functional open space.
b. Staff Analysis.
Staff noted that for Block 1, there are 584 feet along East Drake Road, 726 feet along
South Timberline Road, 245 feet along Entry Drive, 569 feet along Loop East Drive,
341 feet along Loop South Drive and 241 feet along Joseph Allen Drive for a total block
length of 2,606 feet. Building and garage frontage combined with the detention pond
open space provieds for 1,718 feet or 65% of Block 1 sides.
On Block 2, there is 455 feet along South Timberline Road, 608 feet along Charles
Brockman Drive, 281 feet along Joseph Allen Drive, 363 feet along Loop North Drive,
661 feet along Loop East Drive and 344 feet along Loop South Drive for a total block
length of 2,034 feet. Building and garage frontage combined provides for 1,109 feet or
52% of total Block 2 sides.
For Bock 3•, there is 686 feet along Joseph Allen Drive, 343, feet along Loop North
Drive, 661 feet along Loop East Drive and 241 feet along Entry Drive for a total block
length of 2,034 feet. 'Building garage frontage and functional open space combined
provides for 1,077 feet or 53% of Block 3 sides.
C. Public Testimony.
The members of the public did not comment on this standard.
d. Hearing Officer.
The Hearing Officer finds that the P.D.P. complies with minimum of 50% of the total of
all block sides to feature building frontage, plazas or functional open space.
7
park or a central feature or gathering place that is located either within the project or
within adjacent development, which distance shall be measured along street frontage
without crossing an arterial street. The parks, centra features or gathering places shall
contain one(1) or more of the uses listed in (a), (b) or ( c).
b. Staff Analysis.
Staff noted the Spring Creek Farms North Overall Development Plan calls out a 1 acre
park on the west side of Joseph Allen Drive. This 1 acre park was recently submitted
and under review by the City. Once the 1 acre private park is built, 90 percent of the
project's dwellings will be located within 1/4 mile of a private park, central feature or
gathering place. The park will be open to the public and accessible to all by means of
sidewalks, ramps and striping. Access from Spring Creek Farris -North 2"d Filing.
C. Public Testimony.
The public did not comment on this requirement.
d. Hearing Officer.
The Hearing Officer finds that the P.D.P. complies with the standard.
5. Section 4.6(E)(1)(a), (b) - Block Structure and Size.
a. Standard.
These standards require that each development within the District be developed as a
series of complete blocks bounded by streets (public or private), Natural areas,
irrigation ditches, high -voltage power lines, operating railroad tracks or other similar
substantial physical features may form up to two (2) sides of a block. All blocks shall be
limited to a maximum size of seven (7) acres.
b. Staff Analysis.
Stream Creek Farms•North P.D.P. features 2.67 acres of street -like private drives (Loop
Street and Entry Drive), assisting in satisfying this standard. There are three potential
"blocks" within the development plan, each defined by the following features:
Block 1: This block is the largest block at 4.79 acres in size. It is bounded
by East Drake road, South Timberline Road, Entry Drive, Loop East Drive
and Loop South Drive. This block contains residential buildings 2.5, 2.4,
3.31 4.2 in addition to garages 8-12.
Bock 2: This block is 4.1 acres in size and contains residential buildings
2.3, 3.1, 2.2, 2.1 in addition to garages 1.7. It is bounded by public
streets, South Timberline Road, Joseph Allen Drive, Charles Brockman
Drive to the east, west and north (respectively) and by two street -like
private drives, Loop North Drive and Entry Drive to the south.
Block 3: This block is on the east side of Joseph Allen Drive and is 4.46
acres in size. Block 3 contains the mixed -use welcome center and club
0
minimum average density of seven (7) dwellings units per acre of residential land. The
requirements of this paragraph shall not apply to mixed -use dwellings in multistory
mixed -use buildings.
b. Staff Analysis.
Staff found that the P.D.P proposes 314 dwelling units located on approximately 16
acres of land for a density of 19.6 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
seven dwelling units per acre for a twenty acre or less project. The MMN zone district
does not have maximum density requirements, only minimum density requirements.
3. Section 4.6(D)(2) - Mix of Housing Types.
a. Standard.
A complete range of the permitted housing types is encouraged in a neighborhood and
within any individual development plan to the extent reasonably reasonable depending
on the size of the parcel. The minimum standards for a parcel of sixteen acres or
larger, including parcels part of a phased development is two (2) housing types. The
housing types permitted range from small lot single family detached to multi -family and
include mixed use dwellings.
b. Staff Analysis.
Staff determined that the P.D.P. will contain two housing types; multi -family and mixed -
use dwellings.
C. Public Testimony.
The public did not object to the housing types.
d. Hearing Officer.
The Hearing Officer finds that the proposed two housing types comply with the
standard.
4. Section 4.6(D)(3) - Access to a Park, Central Feature or Gathering Place.
a. Standard.
This standard requires that at least ninety (90) percent of the dwellings in all
development projects shall be located within one thousand three hundred twenty
(1,320) feet (one -quarter [1/4] mile) of either a neighborhood park, a privately owned
5
Ted Shepard, Planning
Ward Stanford, Traffic Department
From the applicant:
Mike Hill, McWhinney, LLC
Joe Delich, Delich Associates
From the public:
Members from the public testified. A copy of the sign -in sheet is attached hereto.
FINDINGS
ARTICLE FOUR - Medium Density Mixed -Use Neighborhood (MMN) Zone District
Standards
Section 4.6(B)(2)(a) - Permitted Uses.
. a. Permitted Use Standard.
This standard lists the permitted uses in the MMN 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 proposed uses are multi -family dwellings.
C. Public Testimony.
The were some concerns expressed by the public concerned the amount of housing in
this area.
d. Hearing Officer.
The proposed residential uses are appropriate in this area.
2. Section 4.6(D)(1) - Density.
a. Minimum Density Standard.
This standard requires that residential developments have an overall minimum average
density of twelve (12) dwelling units per net acre of residential land except that
residential developments contain twenty (20) acres of less shall have an overall
4
intended to function together with surrounding low density neighborhoods
(typically the LMN zone district) and central commercial core (typically an
NC or CC zone district). The intent is for the component zone districts to
form an integral, town -like pattern of development, and not merely a
series of individual development projects in separate zone districts (LUC
4.6(A).
This project complies with the purpose of the MMN District as it provides a concentrated
housing development in an area that is part of the larger Spring Creek Farms North
Overall Development Plan. The project provides a transition to the surrounding Low
Density Mixed -Use Neighborhood (LMN) District. Spring Creek Farms North P.D.P.
supports and implements City Plan policies by increasing density within an identified
Activity center (City Plan, Figure LIV 1) as well as providing multi -family housing well
served by public transportation in close proximity to shopping, services and amenities.
In addition, with the extension of Joseph Allen Drive as a public street, Spring Creek
Farms North Second Filing contributes to building a more complete street network.
A Modification of Standard to Section 3.2.2(K)(1)(a) regrading the use of counting
garages toward multi -family parking space requirements was requested.
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 29, 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
(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:
3
takes access off of South Timberline Road as well as Joseph Allen Drive. The project
includes amenities such as a pool, fitness center, outdoor yoga room and community
and kitchen gardens.
SUMMARY OF HEARING OFFICER DECISION: APPROVAL OF THE PROJECT
DEVELOPMENT PLAN AND
MODIFICATION TO STANDARD
Section 3.2.2(K)(1)(a).
BACKGROUND:
SURROUNDING ZONING AND LAND USES
Direction
Zone
Land Use
N
MMN, E
Existing Police Services Building, vacant E parcel
S
RL
Existing single family residential neighborhood
E
MMN
Existing Side Hill Filing Two development with multi
family
W
LMN
Undeveloped parcel with railroad tracks to the west
2. SUMMARY
Spring Creek Farms North Second Filing Project development Plan is a multi -family
residential development in a City Plan recognized "an activity center located at the
northwest intersection of a four lane arterial street (East Drake Road) and a major six -
lane arterial (South Timberline Road). The proposed land use, multi -family, is permitted
in the MMN zone district subject to an Administrative Review (Type 1) and Public
Hearing. The Land Use Code states the purpose of the MMN District as follows:
"intended to be a setting for concentrated housing within easy walking
distance of transit and a commercial district. Secondarily, a neighborhood
may also contain other moderate -intensity complementary and supporting
land uses that serve the neighborhood. These neighborhoods will form a
transition and a link between surrounding neighborhoods and the
commercial core with a unifying pattern of streets and blocks. Buildings,
streets, bike and walking paths, open spaces and parks will be configured
to create an inviting and convenient living environment. The District is
W
CITY OF FORT COLLINS
ADMINISTRATIVE HEARING OFFICER
FINDINGS, CONCLUSIONS AND DECISION
ADMINISTRATIVE HEARING DATE: May 29, 2012
PROJECT NAME: Spring Creek Farms North Second Filing
CASE NUMBER: P.D.P. 120004
APPLICANT: McWhinney, LLC
c/o Wendi Birchler
Norris Design, Inc.
1101 Bannock Street
Denver, CO 80204
OWNER: McWhinney, LLC
2725 Rocky Mountain Avenue, Suite 200
Loveland, CO 80538
HEARING OFFICER: Richard V. Lopez
PROJECT DESCRIPTION:
This is a request for a multi -family project consisting of 314 dwelling units distributed
amongst twelve, three-story buildings on 16 acres located on the northwest comer of
South Timberline Road and East Drake Road. The parcel is located in the Medium
Density Mixed Use (MMN) zone district and also identified as Parcel B1 of the Spring
Creek Farms North Amended Overall Development Plan.
The 314 dwellings would be distributed between twelve buildings and include a mix of
studio, one, two, and three -bedroom units. The dwellings and number of bedrooms
would be divided in the following manner:
18 Studio - (6%);
144 one -bedroom (46%);
133 two -bedroom (42%);
19 three -bedroom (6%).
There would be a total of 485 bedrooms, each leased by the unit rather than
individually. In addition 52 exterior bicycle parking spaces are proposed. The project
Planning, Development & Transportation Services
of
Fcort`ins
June 13, 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 2 Project Development Plan,
#PDP120004 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 2 Project Development Plan, # PDP120004.
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 29, 2012.
This final decision of the Administrative Hearing Officer may be appealed to the City
Council, in accordance with Chapter 2, Article 11, Division 3 of the City Code, within 14
calendar days of the date of final action June 12, 2012 by the Hearing Officer. The
deadline to file an appeal is 5:00 p.m. on June 26, 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 416-2283.
Sincerely,
41 (JRC&,L,
CourtneyLevin
9 ston
City Planner