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Home My WebLink AboutSPRING CANYON COMMUNITY PARK - PDP - 20-05 - DECISION - FINDINGS, CONCLUSIONS & DECISIONADMINISTRATIVE HEARING PROJECT' in� L21rttv�y DATE rt. III Fill ?A ,IlIi i� . �� •.. .. � B r / � �r r � � ,� ' trim Mill FAME ME C 'C -o w%- City of Fort Collins -Type 1 Administrative Hearing Findings, Conclusions, and Decision Spring Canyon Community Park, PDP#20-05 Page 4 of 4 The Hearing Officer finds that the proposed development shown on the PDP is consistent with the Buffer Zone Performance Standards based on the Landscape Plan submitted by BHA Landscape Architects and based on testimony at the hearing from Doug Moore, Natural Areas Planner. The Landscape Plan shows preservation of existing healthy trees within the buffer area and planting with native upland and riparian seeding consistent with the mitigation measures recommended in the Ecological Characterization Study Report. SUMMARY OF CONCLUSIONS A. The proposed land use is permitted in the P-O-L — Public Open Lands District. B. The Project Development Plan complies with all applicable General Development Standards in Article 3 of the Land Use Code DECISION Approved. Dated this 16th day of September, 2005. Claire B. Levy Hearing Officer City of Fort Collins -Type 1 Administrative Hearing Findings, Conclusions, and Decision Spring Canyon Community Park, PDP#20-05 Page 3 of 4 2. Compliance with Article 4 and the P-O-L — Public Open Lands District Standards. The Public Open Lands District is intended for large, publicly owned parks that have a community -wide emphasis. Parks, recreation and open lands are permitted in the P-O-L District subject to administrative review_ The proposed use of a community park is a permitted use. 3. Compliance with Article 3 of the Land Use Code — General Development Standards The Project Development Plan complies with the applicable General Development Standards in Division 3.2, 3.3, and 3.5. The Hearing Officer hereby adopts the analysis and findings in the Staff Report that address these divisions. Several members of the public questioned whether the PDP complies with the buffer area requirement for Spring Creek established in Division 3.4.1. The "Preliminary Ecological Characterization Study Report" prepared by Cedar Creek Associates, Inc. to evaluate wildlife habitat conditions in and within 500 feet of the proposed park identified Spring Creek and Dixon Creeks as the only natural drainages on or within 500 feet of the property. Dixon Creek is tributary to Spring Creek just outside of the north end of the property. Spring Creek passes through the western side of the property and exits near its north end. The study found upland riparian corridor and wetland habitats along Spring Creek. The creek represents a potential wildlife movement corridor; however the study concluded that numerous road crossings of the drainage limit its effectiveness as a wildlife movement corridor. The report concluded that the presumptive setback of 100 feet for the Spring Creek drainage should be sufficient to protect its current habitat value. The study also recommended mitigation measures consisting of planting native vegetation between developed sites and the Spring Creek riparian corridor, posting educational signs along the buffer zone concerning the importance of no human or pet harassment of native wildlife species, and implementing erosion control measures to preclude increased sediment loads in Spring Creek. The 100-foot buffer for Spring Creek is delineated on the PDP. There are several encroachments into the buffer. Footnote 2 of the Buffer Zone Table for Fort Collins Natural Habitats and Features permits the decision -maker to modify the table distances to meet the performance standards. The issue is whether allowing these encroachments is consistent with the Buffer Zone Performance Standards in Section 3.4.1(E)(1) of the Land Use Code. City of Fort Collins -Type 1 Administrative Hearing Findings, Conclusions, and Decision Spring Canyon Community Park, PDP#20-05 Page 2 of 4 SUMMARY OF HEARING OFFICER DECISION: Approved ZONING DISTRICT: P-O-L — Public Open Lands Zoning District. STAFF RECOMMENDATION: Approval 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 7:45 p.m. on September 8, 2005 in the City Council Chambers at 300 La Porte Avenue, Fort Collins, Colorado. 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) public testimony provided during the 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. FACTS AND FINDINGS 1. Compatibility with Surrounding Uses: The following zoning and land uses surround the site: N: RF, RL: existing residential development S: POL, RL: existing residential, Pine Ridge Natural Area E: UE, RL: existing residential and school W: POL: Pine Ridge Natural Area The proposal has been designed with sufficient buffers so that it is compatible with surrounding uses. The lighting study shows that the lighted courts and other recreational areas will not cast light on or cause glare in surrounding areas. City of Fort Collins Comma y Planning and Environmental :rvices Current Planning CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: September 8, 2005 PROJECT NAME: Spring Canyon Community Park CASE NUMBER: PDP#20-05 APPLICANT: BHA Design, Inc. c/o Russell Lee 4803 Innovation Drive Fort Collins, CO 80525 OWNER: City of Fort Collins Cultural, Library, and Recreational Services 215 North Mason Street Fort Collins, CO 80521 HEARING OFFICER: Claire Levy, Esq. Claire B. Levy, LLC 3172 Redstone Road Boulder, CO 80305 PROJECT DESCRIPTION: A 123.4-acre public community park to be owned, constructed and operated by the City of Fort Collins. The park will include a maintenance building and storage yard, restroom facilities, picnic pavilions, ball fields, soccer fields and multi -purpose play area, tennis courts, basketball courts, and volleyball courts, roller hockey rink, skate park, playgrounds, a dog park, and associated parking. It will have lighted and unlighted courts and improvements. The site is west of South Taft Hill Road between West Drake Road and West Horsetooth Road. It abuts the Pine Ridge Natural Area. 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020