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HomeMy WebLinkAboutTALON ESTATES - MODIFICATION OF STANDARD - 42-05 - DECISION - MINUTES/NOTES�L��2_3/ 3 Pa-4-,. 2-s l I Fal 721-' 6 3 3 �. Ar1k _Cn 3�yo w. ,�rl �-y -770 Ica" 2 No Text __..,� e�w,at_�_ 4Ry33� arc' �o �asz�a3saam����.n�f >dzo,�2yo( MoovtE L-t-i `dosz� �+ �l e e r�_: �h,o I I� _Z_ R l._I_YYlc�o.���l�. £�b.�2�_ �Z?�_ 4�.2� da,v.►_I�i � ,c� Talon Estates Modification Administrative Hearing Findings, Conclusions, and Decision May 11, 2006/June 8, 2006 Page 6 of 6 SUMMARY OF CONCLUSIONS A. The Talon Estates Modification of Standard is subject to administrative review and the requirements of the Land Use Code (LUC). B. With respect to the Modification to Subsection 4.1(D)(1)(b), the minimum lot area within the UE zone district: 1. Granting the requested modification would not be detrimental to the public good and would not impair the intent and purposes of the Land Use Code. 2. The modification will advance or protect the public interests and purposes of the standard for which the modification is requested equally well as a plan which complies with the standard for which the modification is requested. The diminished lot sizes on 7 of the 13 lots would enable the development to satisfy the minimum 50 foot -wide buffer from the Pleasant Valley and Lake Canal without imposing a conservation easement on the lots. The slightly smaller lots, when coupled with the abutting buffer zone, will have a similar character as lots satisfying the minimum lot size. DECISION The Talon Estates Project Development Plan Modification of Standard, #42-05 is hereby approved by the Hearing Officer subject to the following condition: The Applicant shall include along the rear property lines of Lots 1 through 7, a split rail fence or design with a similar level of opacity and character, augmented with wire mesh or similar open face material to restrict human and animal intrusion into the buffer zone, as part any future development plan on the subject property. Dated this 21st day of June 2006, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. 7rrent eron Gloss Planning Di ector Talon Estates Modification Administrative Hearing Findings, Conclusions, and Decision May 11, 2006/June 8, 2006 Page 5 of 6 Testimony was offered at the hearing by neighboring residential landowners concerning the anticipated or feared impacts that the proposed development would have on the adjacent street system. In particular, residents were concerned that Moore Lane would need to be extended across Spring Creek and that a recorded emergency access easement lying west of the site (and essentially extending Falcon Drive to the west) would be converted to a public roadway. While these concerns were sincerely expressed at the hearing, there was no evidence provided that would indicate a nexus between potential future development on the site and the public street improvements. Information at the hearing suggests that the City Council included a statement of intent during the 2003 annexation resolution for the S. Taft Hill 7th Annexation indicating that there is no interest in making such a street connection over Spring Creek within the foreseeable future. Also, there was no evidence presented that would corroborate statements that the existing emergency access easement located immediately to the west would be dedicated for public street purposes. Evidence further established that a neighborhood meeting was conducted after the hearing was initial opened on May 11, 2006, that provided an additional opportunity for opponents of the modification request to engage the Applicant and Owner in the property's potential subdivision design and layout. The Hearing Officer has reviewed the request for modification to reduce the lot area for the seven potential lots abutting Pleasant Valley and Lake Canal and is convinced that if adequate steps are taken to preserve wildlife movements and appropriate fencing is provided, then the project will function similar to subdivided lots meeting the minimum 'h acre requirement. To ensure that the development protects the wildlife movement corridor along the canal, and maintain the "open" quality of the lots, fences will need to be installed at the rear portion of the seven lots. Such fencing must be of a split rail or a design of similar opacity and character, which can be augmented with a wire mesh or like material to allow a visual connection between the subdivided lots and the buffer area, yet reduce the probability that human activity will adversely impact wildlife use. Although the Hearing Officer finds that the concerns raised by opponents of the modification are insightful and might potentially improve the acceptance of the modification by the neighboring landowners, the application must be judged under the existing applicable review criteria of the Fort Collins Land Use Code. The modification request provides sufficient specificity to determine that the applicable review criteria have been met. There is no authority for the Hearing Officer to mandate other improvements or modifications to the plan that would fall outside of the modification review criteria and standards of the Land Use Code. Talon Estates Modification Administrative Hearing Findings, Conclusions, and Decision May 11, 2006/June 8, 2006 Page 4 of 6 2. Modification to Section 4.1(D) (1) (b): The applicant is seeking a request to reduce the size of 7 single family lots, within a potential 13-lot subdivision, to less than the minimum lot size of'h acre (21,780 sq. ft.) as required within the Urban Estate zone district for all developments which are not "clustered". Seven of the potential13 lots abut a wildlife buffer from the adjacent Pleasant Valley and Lake Canal and are proposed at 0.45 acres (19,496 square feet) in size. All adjacent properties most heavily impacted by the modification request contain single family houses that lie directly to the north, south, east and west. Additionally, a horse pasture associated with the lot to the north immediately abuts the canal. The Applicant's justification for the modification is based on the premise that the proposal performs equally well at advancing the applicable development standard being modified as would a compliant plan. The standard in question deals with the preservation of protected natural habitat or features. The City of Fort Collins has identified natural habitat and features on an adopted Natural Habitat and Features Inventory Map. Natural resource area boundaries depicted on this map are approximate. It is the applicant's responsibility to provide more detailed information to determine the buffer zone boundary. The term "buffer zone" is not defined in Article 5 of the LUC, but is generally considered as that area around a natural habitat or feature within which human activities, including "development" are limited because they may have a potential adverse impact on the natural resource. Section 3.4.1(E) (2) specifically defines the appropriateness of certain types of activities within buffer zones. The buffer zone distance is further delineated as the horizontal distance in plan view from the natural habitat or feature to the boundary of the development lots. In the case of the subject property, a 50 foot -wide natural resource buffer is required from the top of the bank of the Pleasant Valley and Lake Canal. The 50 foot buffer width is based on the fact that the Canal is considered a wildlife movement corridor. The proposed buffer will be a minimum of 50 feet in width for all sections, with some portions of the buffer expanding to as wide as 120 feet. A common issue repeatedly raised at the hearing by neighboring property owners involved the perceived lack of physical hardship that would force the applicant to reduce some of the lot sizes below the %2 acre minimum size. The Applicant responded with a clarification that the requested grounds for the modification were based on the "equal to or better than" criterion rather than the physical hardship criterion that is also an afforded option under the Land Use Code. Talon Estates Modification Administrative Hearing Findings, Conclusions, and Decision May 11, 2006/June 8, 2006 Page 3 of 6 Written Comments: Letter from Jerrold R. Mead, owner of 2917 S. Taft Hill Rd. dated May 12, 2006 Petition dated June 1, 2006 submitted by Greg Thompson and signed by 11 additional property owners. Letter from Charles B. McKee, 2120 Falcon Drive, dated June 3, 2006 FACTS AND FINDINGS 1. Site Context/Background Information N: UE- large acreage single-family residential; Pleasant Valley & Lake Canal S: UE- large acreage single-family residential E: UE- large acreage single-family residential; Pleasant Valley & Lake Canal W: UE- large acreage single-family residential This undeveloped property was annexed in May 2003 as part of the S. Taft Hill 7th Annexation. The property has not been previously subdivided or subject to a development plan approval. The Administrative Hearing process was bifurcated, with the initial testimony received on May 11, 2006 and the proceedings continuing to June 8, 2006. The Hearing Officer's rationale for such continuance was to afford the applicant and neighboring property owners and residents the opportunity to convene a neighborhood meeting. A neighborhood meeting was held on June 1, 2006; a summary of the neighborhood discussion was provided by staff at the June 8, 2006 meeting. A copy of the neighborhood meeting sign -in sheet was submitted to the Hearing Officer in advance of the continued June 8, 2006 hearing. Talon Estates Modification Administrative Hearing Findings, Conclusions, and Decision May 11, 2006/June 8, 2006 Page 2 of 6 NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established no controversy or facts to refute 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 6:30 p.m. on May 11, 2006 in Conference Room A, 281 N. College Avenue, Fort Collins, Colorado and continued the hearing to 6:00 on June 8, 2006. HEARING TESTIMONY, WRITTEN COMMENTS AND OTHER EVIDENCE: The Hearing Officer accepted during the hearing the following evidence: (1) Planning Department Staff Report; (2) application, plans, maps and other supporting documents submitted by the applicant and the applicant's representatives to the City of Fort Collins; and (3) a tape recording of the public hearing. The LUC, the City's Comprehensive Plan (City Plan), and the formally promulgated policies of the City are all considered part of the evidence considered by the Hearing Officer. The following is a list of those who attended the meeting: From the City: Steve Olt, City Planner From the Applicant: George and Nadine Holter Jack Blake, Stewart & Associates From the Public: Mark and Kathi Delehoy, 2440 Falcon Drive Tom and Linda Pixley, 2433 Falcon Drive Russ & LaVonne Parker, 2341 Falcon Drive Jim Kline, 2226 Moffett Drive Peter Brown, 2901 Moore Lane Eileen Scholl, 2911 Moore Lane Jerrold R. Mead, 2917 S. Taft Hill Road Kathleen Beaudette (Cooke) 2238 Moffett Drive Russ Parker, 2341 Falcon Drive Dennis Crow, 3440 Windmill #6-4 =A 10 City of Fort Collins Community Planning and Environmental Scrvices Current Planning CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: PROJECT NAME: CASE NUMBER: APPLICANT: OWNER: HEARING OFFICER: PROJECT DESCRIPTION: May 11, 2006 continued to June 8, 2006 Talon Estates Modification of Standard #42-05 Stewart & Associates, Inc. c/o Franklin D. Blake Fort Collins, CO 80521 Holter Realty c/o Nadine Holter P.O. Box 272546 Fort Collins, CO 80521 Cameron Gloss Current Planning Director The Applicant has submitted a request to modify Section 4.1(D)(1)(b) thereby providing lots less than the required '/z acre minimum as required within the Urban Estate-UE zone district. The modification request is associated with a separate, potential future development request to subdivide a 9.36 acre lot into 13 single family detached house sites. The site is located on the north side of Falcon Drive, south of the Pleasant Valley and Lake Canal, and'/4 mile west of S. Taft Hill Road. SUMMARY OF HEARING OFFICER DECISION: Conditional Approval ZONING DISTRICT: UE — Urban Estate STAFF RECOMMENDATION: Approval 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020 Commui.,iry Planning and Environmental ,.-,(vices Current Planning City of Fort Collins June 22, 2006 Dear Participant in the Talon Estates Modification of Standard Public Hearing: Enclosed is a copy of the Type I Findings, Conclusions, and Decision for the Talon Estates Modification of Standard, File #42-05, approving the requested modification to Section 4.1 (D)(1)(b) of the Land Use Code. This final decision may be appealed to the City Council in accordance with Section 2-48 of the Code of the City of Fort Collins. The appellant must submit written notice of appeal, reasons for the appeal and a filing fee of $100 to the City Clerk's Office within 14 days of the date of final action by the Hearing Officer. The City Clerk will place the item on the Council agenda for hearing as expeditiously as possible. Written notice of an appeal from a final decision of the Hearing Officer to the City Council is given by the City Clerk to the appellant, the applicant and all other parties -in - interest 14 days prior to the date set for the hearing. An appeal of the Hearing Officer's final decision is based on the minutes of the proceedings at the Administrative Hearing and any other materials received by the Hearing Officer. New evidence may not be considered on an appeal. The City Council may uphold, overturn, or modify the decision of the Hearing Officer. If you have specific questions about the appeal process, please contact me at 221-6750. Sincerely, 4et_ Steve Olt City Planner 281 North College Avenue 9 P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020