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Ted Shepard - DECISION 3.wpd Page 9
DECISION
The Hearing Officer hereby enters the following rulings:
The Old Oak Estates P.D.P., #25-07A request for Modification to Section
4.2(D)(1)(b) to allow Lot Six to contain less than 0.5 acre is hereby approved by
the Hearing Officer, and
The Old Oak Estates P.D.P. #25-07A is hereby approved.
Dated February 24, 2008, per authority granted by Sections 1.49(#) and 2.1 of the Land
Use Code.
Richard V. Lopez
Richard V. Lopez
Hearing Officer
Ted Shepard - DECISION3.wpd Page 8
SUMMARY OF CONCLUSIONS
Findings of Fact/Conclusion:
The Hearing Officer based upon a review to the Staff evaluation, the testimonies of the
public hearing participants and being fully apprised in this matter herein adopts the
following findings of fact:
The P.D.P. complies with the Land Use Framework Plan and policies of the Fossil
Creek Reservoir Area Plan.
2. The land use, single family detached dwellings, is permitted in the Urban Estate
zone and has been administratively reviewed.
3. The P.D.P. complies with the land use standards and development standards of the
Urban Estate zone district with the exception of the minimum lot size of Lot Six.
This 94 foot variance is considered negligible. Applicants have requested a
vacation of a 4 foot strip along Big Dipper Drive which, if granted, would bring
the minimum lot size into compliance. However, the Hearing Officer is not
basing his decision on this possible future action.
The Request for Modification of Standard to Section 4.2(D)(1)(b) to allow Lot 6
to contain 94 less square feet than required to meet the ''Y2 acre minimum lot size
has been evaluated and the Hearing Officer concludes that granting of the
Modification would not be detrimental to the public good.
The lot area for Lot Six, as submitted, will not diverge from the standard except in
a nominal and inconsequential way when considered from the perspective of the
entire development plan and will continue to advance the purposes of the Land
Use Code as stated in Section 1.2.2 since a reduction of 94 square feet will not be
perceptible in the field.
4. The P.D.P. complies with the applicable General Development Standards of
Article Three.
The concerns of the abutting owners to the south have been considered by staff
and the Hearing Officer. The Balliews testified and submitted documents to the
Hearing Officer which are part of the record. The Balliews stated that they were
not opposed to the Old Oak Estates development, but were concerned about
potential impacts on their driveway access, access for their disabled daughter to
travel to her school, Zach Elementary and the addition of traffic noise and view
from Big Dipper Drive. The Hearing Officer has detailed the responses to these
concerns above in Neighborhood Compatibility Section.
Ted Shepard - DECISI0N3.wpd Page 7
parties is not a condition of approval
Access for their daughter, Tiana, is presently accomplished by traveling across the Big
Dipper Drive right-of-way to a temporary bicycle path. The Balliews also noted that
Tiana also is transported by school bus. Once the street is built, the access will be on the
paved detached sidewalk. The Hearing Officer finds that safe access has not been
adversely impacted by the Applicant. The construction of Big Dipper Drive and the
sidewalk will improve access for the Balliew's daughter. Any signage alerting motorists
to the presence of a wheelchair can be addressed independently of this application and is
not a condition of approval.
The Balliews expressed concerns about the traffic noise and views from Big Dipper
Drive. Staff noted that the request for additional landscaping material to mitigate noise
would be unprecedented for a street of this size and would not mitigate the noise
anticipated. More affective noise mitigation could be accomplished with sound barriers,
but the costs of such measures would be considerable and not reasonable at this location.
The Balliews have sufficient land and could erect such a sound barrier on their property.
The Hearing Officer notes that the sound from traffic on County Road 7, Strauss Cabin
Drive Road, will likely be greater and have a more direct impact on the Balliews, than
that emanating from Big Dipper Drive.
In evaluating neighborhood compatibility, The Hearing Officer is guided by Section
3.5.1(H) which states:
(H) Land Use Transition. When land uses with significantly different visual character are
proposed adjacent to each other and where gradual transitions are not possible or not in
the best interest of the community, the development plan shall, to the maximum extent
feasible, achieve compatibility through compliance with the standards set forth in this
Division regarding scale, form, materials and colors and adoption of operational standards
including limits on hours of operation, lighting, placement of noise -generating activities
and similar restrictions.
The Hearing Officer finds that the development of one-half acre lots next to an existing
rural residential lot containing five acres (but separated by a local street) does not
constitute two land uses of significantly different visual character. Both parcels are
located in the Growth Management Area of the City of Fort Collins. Both parcels are
within the Fossil Creek Reservoir Area Plan. Both parcels are designated by the Plan to
be zoned Urban Estate upon annexation.
In addition, the Fossil Creek Plan envisions compatibility measures to be evaluated when
estate lots abut mixed -use neighborhoods where the minimum required density is 5.00
dwelling units per gross acre. The Plan defines estate lots to range in size from 0.5 acre
up to five acres or larger.
Ted Shepard - DECISION3.wpd Page 6
of 0.5 Acre:
The only standard at issue concerns the minimum lot size. Section 4.2(D)(1)(b) states:
Lot sizes shall be one-half(2) acre or large for dwellings that are not clustered in
accordance with the standards set forth in this Division. The applicants are requesting
that Lot 6 contain 0.498 acre which is 21,686 square feet. A 0.5 acre lot contains 21,780
square feet. Thus Lot Six is 94 square feet less than the required minimum lot size.
The Hearing Office is in agreement with the Staff Analysis. The difference between
compliance and the Modification is only 94 square feet which would be barely
perceptible within the context of the overall lot size of 21,686 square feet. The granting
of the Request for Modification for Lot 6 to contain only 21,686 square feet versus the
required minimum of 21,780 square feet would not be detrimental to the public good.
Further, the P.D.P., as.submitted, will not diverge from the standard except in a nominal
and inconsequential way when considered from the perspective of the entire development
plan and will continue to advance the purposes of the Land Use Code as stated in Section
1.2.2.
Neighborhood Compatibility:
A neighborhood meeting is not required for a P.D.P. subject to administrative review.
There remains neighborhood opposition, however, due to this parcel being the third in a
series of seven large -acreage parcels that front on Strauss Cabin Road to be annexed into
the City and zoned to allow a density greater than the existing County lots.
Staff met with Mr. and Mrs. Pat and Carolyn Balliew, the abutting property owners to the
south. In addition, the Balliews participated in a professionally moderated mediation
with the applicant. The Balliew property remains in unincorporated Larimer County and
is zoned FA-1. The Balliews were concerned about potential impacts on their driveway
access, access for their disabled daughter to travel to her school, Zach Elementary and the
addition of traffic noise and view from Big Dipper Drive.
The subject parcel and the Balliews parcel are separated by 60-feet of dedicated
right-of-way that will be constructed as an extension of Big Dipper Drive. This local
street will be constructed with 30 feet of pavement from flowline to flowline. There will
be curb and gutter on both sides of the street but the detached sidewalk, parkway and
street trees will be installed on the north side only. Until such time as the Balliews
property re -develops, the south side of Big Dipper will not feature the detached walk,
parkway and street trees.
The driveway access to County Road 7 has been resolved with Larimer County. The
applicant and the Balliews have discussed contributions to the costs of relocating the
drive. The Balliews estimate the costs to be $5,000.00. The Applicants have not
received an estimate from their engineers. This cost arrangement is between the two
Ted Shepard DECISION3.wpd Page 5
of the ground floor living area portion of the dwelling or a covered porch
(measuring at least six [6] feet by eight [8] feet) by at least four (4) feet. Any
street -facing garage doors complying with this standard shall not protrude forward
from the front facade of the living area portion of the dwelling by more than eight
(8) feet.
(2) Garage doors may be located on another side of the dwelling ("side- or
rear -loaded") provided that the side of the garage facing the front street has
windows or other architectural details that mimic the features of the living portion
of the dwelling.
(3) Garage doors shall not comprise more than fifty (50) percent of the ground
floor street -facing linear building frontage. Alleys and comer lots are exempt from
this standard."
These standards will be enforced at the time of building permit review for each individual
lot. In order to promote public awareness, all three standards will be indicated on the Site
Plan.
C. Section 3.6.3 — Street Pattern and Connectivity Standards
Big Dipper Drive is classified as a local street. Strauss Cabin Road is classified as a
minor arterial street. Both streets will be improved to their respective levels of
classification along the frontage of Old Oak Estates. For an Urban Estate project, the
proposed street system offers a high degree of connectivity.
D. Section 3.6.4 — Transportation Level of Service Requirements
Old Oak Estates is located between Strauss Cabin Road, a minor arterial street, and
Observatory Village, a 112-acre subdivision zoned L-M-N. A five acre parcel with one
single family detached dwelling unit is located to the south. In evaluating the proposed
P.D.P., the Hearing Officer finds that:
The proposal is feasible from a traffic engineering standpoint. Only 60 total daily
trips will be generated.
The addition of the proposed traffic will have an insignificant impact on the
transportation network.
Facilities for pedestrians and bikes will be constructed with the proposed street
improvements and tie into existing improvements to the west in Observatory
Village.
E. Section 4.2(D)(1)(b) Request for Modification to the Minimum Lot Size
Ted Shepard - DECISION3.wpd Page 4
B. Land Use Standards - Density
The overall average density is 1.40 dwelling units per net acre which does not exceed the
allowable maximum of 2.0 dwellings units per net acre.
C. Minimum Lot Size
Five of the six lots exceed one-half acre in size which is the required minimum lot size
for dwellings that are not clustered in accordance with the standards associated with Site
Design for Residential Cluster Development. Lot Six, however, contains only 4.98 acres.
A Request for Modification is discussed below.
D. Dimensional Standards
The only applicable dimensional standard at the P.D.P. stage is the minimum lot width of
100 feet. All lots comply with this standard. At the time of a building permit application
for a specific house, the other dimensional standards pertaining to minimum front (30
feet), side (20 feet) and rear (25 feet) setbacks will be reviewed.
E. Development Standard — Street Connectivity and Design
The P.D.P. complies with this standard by extending Big Dipper Drive from its interim
terminus at the west property line. This extension will be easterly to intersect with
Strauss Cabin Road. Big Dipper was stubbed to the west property line by the
development of Observatory Village. This extension will continue east within the
previously dedicated right-of-way that is 60 feet in width and located between the subject
parcel and the abutting parcel to the south.
3. Compliance with Article 3 of the Land Use Code - General Development Standards
A. Section 3.2. 1 (D)(2)(a) — Street Trees
Planting of street trees shall occur in the adjoining street right-of-way in connection with
the development by one or more of the methods described below — wherever the sidewalk
is separated from the street by a parkway, canopy shade trees shall be planted at
thirty-foot to forty -foot spacing."
The P.D.P. will protect the existing street trees in the parkway along Strauss Cabin Road
and plant new street trees Big Dipper Drive at the prescribed spacing.
B. Section 3.5.2(E) — Garage Doors
(1) Street -facing garage doors must be recessed behind either the front facade
11 Ted Shepard - DECISION3.w d Page 3
The subject property and adjoining lots were originally part of a large farm. The seven
lots that front on Strauss Cabin Road (a section line road) were split off from the original farm
approximately 30 years ago as part of the Adler Exemption approved by Larimer County.
A 60 foot wide right-of-way along the subject parcel's south property line was dedicated.
Thirty feet of this right-of-way are on the subject parcel and 30 feet are on the abutting property
to the south.
In 1999, the seven lots described above were included in the boundary area of the Fossil
Creek Reservoir Area Plan adopted by the City of Fort Collins and Larimer County. The
property was annexed and zoned Urban Estate in October 2007.
Fossil Creek Reservoir Area Plan:
The subject parcel is located within the Fossil Creek Area Reservoir Area Plan. This plan
was jointly adopted by the City of Fort Collins and Larimer County in 1998. The Land Use
Framework Plan designates the subject parcel as "Estate Residential"
"2.1.2. Land Use. Estate Residential development will provide the transition from the
more intensive development in the north to rural residential in the south." (Page 8.)
. "2.2.2. Neighborhoods. The land uses and densities proposed in the Plan are consistent
with City Plan. The Fossil Creek Reservoir Area is considered a part of the future urban area of
Fort Collins. The Plan provides for a mix of urban and estate lots, with a general transition from
higher densities near Harmony Road to lower densities near the reservoir." (Page 11.)
"FC-LUF-6 Estate Residential. Neighborhoods in this area will consist of single family
homes on larger lots than those found in mixed -use residential neighborhoods. The Land use
Framework Plan calls for Estate development north and west of the reservoir, providing a gradual
transition between urban development and open lands. Estate areas will vary from lots between
one-half and one acre in size, to lots of up to five acres or more, with an overall gross density
ranges from .5 to 2 units per acre." (Page 17.)
Old Oak Estates complies with the Land Use Framework Plan and the policies of the
Fossil Creek Reservoir Area Plan by being zoned Urban Estate and proposing a density of 1.40
dwelling units per net acre.
2. Compliance with Article 4 and Urban Estate Zoning District Standards:
A. Land Use
The proposed land use, single family detached dwellings, is permitted in the Urban Estate
zone district.
Ted Shepard - DECISION3.wpd Page 2
Department Staff Report; (2) application, plans, maps and other supporting documents submitted
by the applicant and the applicants' representatives to the City of Fort Collins; (3) a tape
recording of public testimony provided during the hearing and documents submitted by Mr. and
Mrs. Balliew. 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:
Ted Shepard, City of Fort Collins
Wes Lamarque, City of Fort Collins
Randy Maizland, City of Fort Collins
From the Applicant:
Eric Hutchison
Catherine Hutchison
April Hutchison
Kimberly Dahl, Northern Engineering
From the Public
Patrick, Carolyn and Tiana Balliew, 5335 S. County Road 7, with written comments
FACTS AND FINDINGS
1. Compatibility with Surrounding Uses
The evidence and testimony established that the proposed residential uses are compatible
with the surrounding areas. The predominant residential uses in the area will continue and are
detailed below.
The surrounding zoning and land uses are as follows:
N: U-E; Vacant (Approved buy undeveloped Sunrise Ridge 2' Filing -consisting of
seven lots on five acres.)
S: FA-1; (County); Existing large -lot semi -rural single family detached residence
with home occupation.
E: FA-1; (County) Vacant - Existing Place of Worship and the Fossil Creek
Reservoir Inlet Ditch.
W: L-M-N; Existing single family detached dwellings (Willowbrook subdivision -
marketed as Observatory Village).
11 Ted Shepard - DECISION3.wpd Page 1
CITY OF FORT COLLINS
ADMINSTRATIVE HEARING OFFICER
TYPE 1 ADMINISTRATIVE HEARING
FINDINGS, CONCLUSIONS AND DECISION
ADMINISTRATIVE HEARING DATE: February 20, 2008
PROJECT NAME:
CASE NUMBER:
APPLICANT/OWNER:
HEARING OFFICER:
PROJECT DESCRIPTION:
Old Oak Estates
P.D.P. # 25-07A
Mr. And Mrs. Eric T. And Catherine E. Hutchinson
5227 Strauss Cabin Road
Fort Collins, CO 80528
Richard V. Lopez
This is a residential development project consisting of six lots. Two lots exceed one acre in size.
Four lots are approximately one-half acre in size. Five new lots are designated for new single
family detached dwellings. There is an existing home on one lot that would be preserved.
SUMMARY OF HEARING OFFICER DECISION: Approval
ZONING DISTRICT: U-E, Urban Estate
STAFF RECOMMENDATION: Approval of the Modification and Approval of the P.D.P.
NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer
established the fact that the hearing was properly posted, legal notices mailed and notice
published.
PUBLIC HEARING
The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the
hearing at approximately 5:00 p.m. on February 20, 2008, in conference room A of 281 North
College Avenue, Fort Collins, Colorado.
HEARING TESTIMONY, WRITTEN COMMENTS AND OTHER EVIDENCE
The Hearing Officer accepted during the hearing the following evidence: (1) Planning