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Home My WebLink AboutKECHTER CROSSING SUBDIVISION FIRST REPLAT - PDP/FDP - FDP130005 - DECISION - MINUTES/NOTESDATED this 10`h day of May, 2013. Kendra L. Carberry Hearing Officer 51912013 Q.:IUSFRSTORTCOLLINSLAND USEWF,CHTERIDECISIONDOCX e. The PDP complies with Section 3.4.1(N)(5), Redtail and Swainson's Hawk Nest Sites, because the large mature Cottonwood tree with the active raptor nest will be preserved within the new common area, which is just under one acre in size, with a distance from the base of the tree to the boundaries of the tract ranging from 600 to 900 feet. 5. The PDP complies with the applicable standards contained in Article 4 of the Code for the L-M-N zone district. a. The PDP complies with Section 4.5(B)(2)(a)l., Permitted Uses, because single- family detached dwellings are a permitted land use within the L-M-N zone district, subject to administrative review. b. The PDP complies with Section 4.5(D)(1)(a), Density, because two existing lots are being relocated to front on another street, so there is no gain or loss of lots, the density of the subdivision does not deviate from the density that was established through the County approval process and then annexed into the City, and the density of 2.62 dwelling units per gross acre complies with the Fossil Creek Reservoir Area Plan. C. The PDP complies with Section 4.5(D)(2) and (3), Mix of Housing and Neighborhood Centers, because Kechter Crossing was reviewed and approved in Larimer County, and Latimer County did not have standards requiring a mix of housing types or the establishment of a neighborhood center, and the County approval created a vested right to develop according to the parameters of the recorded plan. d. The PDP complies with Section 4.5(D)(5) and (6), Facing Uses and Small Neighborhood Parks, because the replat is not a major change to the original plan that would allow the City to implement development standards that are not consistent with Latimer County regulations, and the subdivision contains four small common areas which are roughly equivalent to private parks required by the L-M-N standards. e. The PDP complies with Section 4.5(E)(1), Streets and Blocks, because the replat is not a major change to the original plan that would allow the City to implement development standards that are not consistent with Latimer County regulations, the local street system provides for a north -south street that will share the property line with the parcel to the east and this street connects to the south, and there are three east -west streets that connect to both parcels to the east and west. DECISION Based on the foregoing findings, the Hearing Officer hereby enters the following rulings: The PDP is approved as submitted. 3 51912013 Q:1 USERSIFORT COLLINS LAND USEWECHTERIDECISION DOCX TESTIMONY: The following persons attended the hearing: From the City: Ted Shepard From the Applicant: Nicholas Haws From the Public: N/A FINDINGS 1. Evidence presented to the Hearing Officer established the fact that the hearing was properly posted, legal notices mailed and notice published. 2. Kechter Crossing was originally approved in Larimer County and then annexed into the City of Fort Collins per the Intergovernmental Agreement between the two jurisdictions. The public improvements were evaluated and approved in accordance with the Larimer County Urban Area Street Standards which are standards that have been jointly adopted by both the City and the County. 3. The PDP complies with the Fossil Creek Reservoir Area Plan adopted jointly between the City of Fort Collins and Larimer County in 1998. 4. The PDP complies with the applicable General Development Standards contained in Article 3 of the Code. a. The PDP complies with Section 3.2.1(C)(1), Landscaping and Tree Protection — General Standard, because there will be one street tree per lot located in the parkway, and the common area will be landscaped with trees, shrubs and turf, all in compliance with the approved plan. b. The PDP complies with Section 3.2.1(F), Tree Protection, because the large mature Cottonwood tree, which was evaluated by the City Forester and is considered significant, will now be protected in a common area, and the lots have been re -designed to minimize disturbance to this tree. C. The PDP complies with Section 3.3.1, Plat Standards, because the replat complies with the requirements for a legal subdivision of land, the lots front on a public street with the proper dedication of public right-of-way and easements for utilities, and drainage and emergency access easements have been provided as required by the City's Stormwater Utility and the Poudre Fire Authority. d. The PDP complies with Section 3.3.2, Development Improvements, because all public improvements comply with the Larimer County Urban Area Street Standards, and the Development Agreement and financial securities have now been assigned to the City as the public entity that will be inspecting, accepting and ultimately maintaining the public improvements. 2 51912013 Q:IUS'ERSTORTCOLLINS LAND USEiXECHTERIDEC/SIONDOCX CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE 1 ADMINISTRATIVE HEARING FINDINGS AND DECISION HEARING DATE: April 29, 2013 PROJECT NAME: Kechter Crossing Subdivision, First Replat, Final Development Plan CASE NUMBER: PDP130005 APPLICANT: Meritage Homes c/o Northern Engineering 200 South College Avenue Fort Collins, CO 80524 OWNER: Meritage Homes 6892 South Yosemite Court Centennial, CO 80112 HEARING OFFICER: Kendra L. Carberry PROJECT DESCRIPTION: Kechter Crossing Subdivision contains 76 single family lots on 29 acres and was originally platted and approved in Larimer County in 2012. In December of 2012, the subdivision was annexed into the City of Fort Collins. The parcel is located south of Kechter Road and east of Timberline Road and is zoned L-M-N, Low Density Mixed -Use Neighborhood. This is a request to replat two lots (Lots 4 and 5 of Block 4) and Common Area B to. save a large, mature tree. As currently platted, the existing tree would preclude the construction of two homes on two existing lots. The replat includes an adjustment in the common area boundary so that the tree will be within the common area and not within any individual lot. SUMMARY OF DECISION: Approved. ZONE DISTRICT: L-M-N, Low Density Mixed -Use Neighborhood District HEARING: The Hearing Officer opened the hearing at approximately 5:00 p.m. on April 29, 2013, in Conference Room A, 281 North College Avenue, Fort Collins, Colorado. EVIDENCE: During the hearing, the Hearing Officer accepted the following evidence: (1) Planning Department Staff Report; and (2) application, plans, maps and other supporting documents submitted by the applicant (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 record considered by the Hearing Officer). 1 51912013 Q: IOSERSWORT COLLINS LAND USDKECHTERIDECISION DOCX Planning, Development & Transportation Services Ft Collins May 10, 2013 Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.416.2740 970.224.6134-fax lcgov.com Attendee of the Kechter Crossing Subdivision, First Replat, #FDP130005, Public Hearing held April 29, 2013. Please find attached to this letter a copy of the Type I Administrative Hearing Findings, Conclusions and Decision for the Project Hearing of the Kechter Crossing Subdivision, First Replat, #FDP130005. 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 April 29, 2013. 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 (May 10, 2013) by the Hearing Officer. The deadline to file an appeal is 5:00 p.m. on May 24, 2013. 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 970-221-6343. SincTerely, 1 Ted Shepard Chief Planner