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HomeMy WebLinkAboutKECHTER CROSSING SUBDIVISION FIRST REPLAT - PDP/FDP - FDP130005 - REPORTS - RECOMMENDATION/REPORTProject #PDP130005 Administrative Hearing April 29, 2013 Page 6 E. Section 3.4.1(N)(5) — Redtail and Swainson's Hawk Nest Sites The large mature Cottonwood Tree with the active raptor nest will be preserved and placed within a re -designed Common Area B. This area will contain .92 acre. The distance from the base of the tree to the boundaries of the tract ranges from 600 to 900 feet. 5. Conclusion and Findings of Fact: In evaluating the request for a P.D.P for Kechter Crossing Filing Two, Staff makes the following findings of fact: A. 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. B. The P.D.P. is in compliance with the Fossil Creek Reservoir Area Plan. C. The P.D.P is in compliance with the applicable land use and development standards of the Low Density Mixed -Use Neighborhood zone district of Article Four. D. The P.D.P. is in compliance with the applicable General Development Standards of Article Three. E. In particular, the P.D.P. now achieves compliance with Section 3.4.1(N)(5), standards for protection during construction for Red Tail and Swainson's Hawk Nest Sites, whereas it did not when reviewed and approved while under the jurisdiction of Larimer County. RECOMMENDATION: Staff recommends approval of Kechter Crossing Second Filing, Project Development Plan, #PDP130005. Project #PDP130005 Administrative Hearing April 29, 2013 Page 5 4. Article Three Applicable General Development Criteria: A. Section 3.2.1(C)(1) — Landscaping and Tree Protection — General Standard The two replatted lots and Common Area B will continue to be landscaped in a manner that is consistent with the approved plan. For the two lots, this means there will be one street tree per lot located in the parkway. For the common area, the tract will be landscaped with trees, shrubs and turf to a degree that is consistent with the approved plan. B. Section 3.2.1(F) — Tree Protection and Replacement The large mature Cottonwood tree has been evaluated by the City Forester and is considered significant and will now be protected by being within a common area that is .92 acre in size. Lots have been re -designed to minimize disturbance to this tree in accordance with the standard. C. Section 3.3.1— Plat Standards Kechter Crossing Filing Two complies with the requirements for a legal subdivision of land. The two lots front on a public street with the proper dedication of public right-of- way and easements for utilities. Also, drainage and emergency access easements have been provided as required by the City's Stormwater Utility and the Poudre Fire Authority. D. Section 3.3.2 — Development Improvements The City of Fort Collins and Larimer County have jointly adopted a common set of development standards for projects located within the City's Growth Management Area. Referred to as the Larimer County Urban Area Street Standards, this common set of rules and regulations ensures that as County developments are constructed, they will, upon annexation, be at a level consistent with the City standards. This allows the public improvements to be accepted by the City for ownership and maintenance. In the case of Kechter Crossing, all public improvements have been reviewed and evaluated and approved per the Larimer County Urban Area Street Standards. 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 all public improvements. Project #PDP130005 Administrative Hearing April 29, 2013 Page 4 B. Section 4.5(D)(1)(a) — Density Since two existing lots are simply be relocated to front on another street, 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. The density of 2.62 dwelling units per, gross acre remains in compliance with the Fossil Creek Reservoir Area Plan. C. Sections 4.5(D)(2)(3) — Mix of Housing and Neighborhood Centers As mentioned, Kechter Crossing was reviewed and approved in Larimer County whose applicable land use, subdivision and development codes do not contain standards that address a required mix of housing types or the establishment of a neighborhood center. The County approval created a vested right to develop according to the parameters of the recorded plan. The City of Fort Collins, upon annexation, is therefore prohibited from taking measures to violate this vesting. Staff does not interpret the Land Use Code or the I.G.A. with the County to consider the subject Replat as a sufficient enough change to the original plan as to allow the City to implement development standards that are not consistent with the codes of Larimer County. D. Sections 4.5(D)(5)(6) — Facing Uses and Small Neighborhood Parks As with the aforementioned sub -section, Staff does not interpret the Land Use Code or the I.G.A. with the County to consider the subject Replat as a sufficient enough change to the original plan as to allow the City to implement development standards that are not consistent with the codes of Larimer County. Please note, however, that the Subdivision contains four small common areas which are roughly equivalent to private parks required by the L-M-N standards. E. Section 4.5(E)(1) — Streets and Blocks Again, as with the aforementioned sub -section, Staff does not interpret the Land Use Code or the I.G.A. with the County to consider the subject Replat as a sufficient enough change to the original plan as to allow the City to implement development standards that are not consistent with the codes of Larimer County. Please note, however, that the local street system provides for a north -south street that will share the property line with the parcel to the east and that this street connects to the south. Further, there are three east -west streets that connect to both parcels to the east and west. Project #PDP130005 Administrative Hearing April 29, 2013 Page 3 homes on these lots would imperil the tree and hawks nest, the applicant agreed to replat the two affected lots. The purpose of the replat is to vacate the two lots by placing them and the tree into a reconfigured common area and create two new lots to the west fronting on a different street and where there are no environmental conflicts. 2. Fossil Creek Reservoir Area Plan: Kechter Crossing Subdivision is located within Fossil Creek Reservoir Area Plan adopted jointly between the City of Fort Collins and Larimer County in 1998. The Plan states: According to the "Land Use Framework Plan," "The land uses and densities proposed in the Plan are consistent with City Plan. The Fossil Creek Reservoir Area Plan is considered a part of the future urban area of the Fort Collins. The Plan provides for a mix of urban and estate lots, with a general transition for higher densities near Harmony Road to lower densities near the reservoir." (Pagel 1.) "FC-LUF-3 — Mixed -Use Neighborhoods. These neighborhoods will consist of a mix of housing types near parks, schools, and a neighborhood center. The density will be a minimum overall average of either 3 or 5 units per acre, with an overall maximum of 8 dwelling units per acre, and maximum of 12 units per acre for any single phase. This residential classification will required design and development standards agreed upon by both Larimer County and the City of Fort Collins." (Page 16.) Kechter Crossing is shown on the Land Use Framework Plan as being designated "Mixed -Use Neighborhood." The Subdivision was zoned into the Low Density Mixed - Use Neighborhood district upon annexation. Therefore, the proposed Replat continues to comply with the adopted sub -area plan. 3. Article Four — Applicable L-M-N Zone District Standards: A. Section .4.5(8)(2)(a)1. — Permitted Uses Single family detached dwellings are a permitted land use within the L-M-N zone district, subject to administrative review. Project #PDP130005 Administrative Hearing April 29, 2013 Page 2 EXECUTIVE SUMMARY: Kechter Crossing was approved in Larimer County and did not include measures to protect a significant Cottonwood tree and a Red Tail Hawk nest site. The replat allows the subdivision to achieve compliance with Section 3.4.1(N), which specifically protects the raptor nest. Further it is in compliance with the applicable land use and development standards of the L-M-N, Low Density Mixed -Use Neighborhood zone district of Article Four. Finally, it is in compliance with the applicable General Development standards of Article Three. COMMENTS: 1. Background: The surrounding zoning and land uses are as follows: N: County FA-1; Existing single family (Blehm Subdivision) S: County FA-1; Vacant — under plan review in Larimer County for single family E: L-M-N; Vacant — City of Fort Collins Land Bank Parcel W: County FA-1; Existing single family home Kechter Crossing was approved by Larimer County in August of 2012. Per the Intergovernmental Agreement between Larimer County and the City of Fort Collins, the subdivision was approved in the County in order to implement their Transfer of Density Units program as the subject site has been designated as a density units receiving area. This agreement allows the County to implement their program but also allows the City to annex an approved County subdivision but only when the necessary one -sixth perimeter becomes contiguous with the municipal boundary. At the time Kechter Crossing was approved in Larimer County, August of 2012, the Subdivision was not contiguous to the City of Fort Collins boundary. The City of Fort Collins annexed the abutting parcel to the east (City of Fort Collins Land Bank Parcel) in September of 2012 thus making Kechter Crossing contiguous with the municipal boundary on its entire eastern boundary. The City then annexed Kechter Crossing in December of 2012 and placed it into the L- M-N, Low Density Mixed -Use Neighborhood district. In early 2013, during the overlot grading of the subdivision, the developer's project manager discovered and reported to the City the existence of a pair of hawks nesting in a large mature tree. City Environmental and Forestry officials inspected the site and confirmed the hawks, the nest and the value of the tree. Since the tree straddled the side lot line between two lots, and since any reasonable excavation and construction of City of ITEM NO Fort Collins MEETING DATE STAFF ADMINISTRATIVE HEARING PROJECT: Kechter Crossing Subdivision, First Replat, Final Development Plan, #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 PROJECT DESCRIPTION: This is a request to replat two lots (Lots Four and Five of Block Four) and Common Area B for the purpose of saving a large mature tree. As currently platted, the existing tree would preclude the construction of two homes on two existing lots. These two lots are located immediately south of the existing house on Kadenwood Drive. By replatting, the tree can remain undisturbed and the two affected lots are relocated to the west along Coppervein Street. The replat includes an adjustment in the common area boundary so that the tree remains within the common area and not within the boundary of any individual lot. 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 approximately 1,600 feet east of Timberline Road and is zoned L-M-N, Low Density Mixed -Use Neighborhood. RECOMMENDATION: Approval Planning Services 281 N College Ave — PO Box 580 — Fort Collins, CO 80522-0580 fcgov.com/developmentreview/ 970.221.6750