HomeMy WebLinkAboutSPRING CREEK RANCH - PDP - 14-05 - DECISION - MINUTES/NOTESiE
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City of Fort Collins -Type 1 Administrative Hearing
Findings, Conclusions, and Decision
Spring Creek Ranch, P.D.P. #15-05
Page 10 of 10
a. increase the setback from the east property line by seven (7) feet
and add a landscape buffer incorporating dense stands of
evergreen trees, canopy shade trees, ornamental trees or shrubs;
or
b. delete four (4) units from the number of units along the east side of
the property.
Dated this 27th day of June, 2005.
:f I�t
Claire B. Levy
Hearing Officer
City of Fort Collins -Type 1 Administrative Hearing
Findings, Conclusions, and Decision
Spring Creek Ranch, P.D.P. #15-05
Page 9 of 10
C. A Modification of Standards for Section 3.5.2(E)(4) to reduce the width of
the Major Walkway Spine on the west side of the property if necessary to
accommodate an increased setback on the east side of the property would
be appropriate in that, pursuant to Section 2.8.2(H):
(1) The granting of the Modification would not be detrimental to
the public good.
(2) The plan as submitted will not diverge from the standards of
the Land Use Code that are authorized by this Division to be
modified except in a nominal, 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
contained in Section 1.2.2.
D. A Modification of Standard for Section 3.5.2(C)(1) to allow Lots 53 — 56
and Lot 61 to be located further than 200 feet from the public street
sidewalks along Trailway Drive and Creekview Drive complies with the
criteria of Section 2.8.2.(H) in that:
(1) The granting of the Modification would not be detrimental to
the public good.
(2) The plan as submitted will not diverge from the standards of
the Land Use Code that are authorized by this Division to be
modified except in a nominal, 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
contained in Section 1.2.2.
DECISION
The Spring Creek Ranch P.D.P., Case #14-05 is hereby approved subject to the
following conditions to be complied with at the time of submittal for Final Plan
Compliance:
1. The Final Plan shall demonstrate compliance with the performance
standards of Section 3.4.1(E)(a — i) with particular attention paid to
minimizing the changes in grade, adding a generous amount of native
plant material, reducing private security lighting, constructing buildings
with a mass that is consistent with that shown in the architectural
renderings, and prohibiting fencing in the buffer zone.
2. The Applicant shall either:
City of Fort Collins -Type 1 Administrative Hearing
Findings, Conclusions, and Decision
Spring Creek Ranch, P.D.P. #15-05
Page 8 of 10
E. Compliance of the project with Section 3.5.2(C) requires the Hearing
Officer to allow a Modification of Standards. Section 3.5.2(C)(1) reads as
follows:
"(C) Relationship of Dwellings to Streets and Parking.
(1) Orientation to a Connecting Walkway. Every front facade with a primary
entrance to a dwelling unit shall face the adjacent street to the
extent reasonably feasible. Every front facade with a primary
entrance to a dwelling unit shall face a connecting walkway with
no primary entrance more than two hundred (200) feet from a
street sidewalk. The following exceptions to this standard are
permitted:"
No exceptions are applicable to this project.
Lots 53 — 56 and Lot 61 are slightly beyond the maximum of 200 feet from a
public sidewalk. These units are interior to the buildings and thus farther away
from public sidewalks. Walkways link all buildings to the central green, the
perimeter loop, Hull Street and Spring Creek Trail. The fire lane provides bike
and pedestrian access to the east. Although the standard is clear that the
relationship of dwellings to streets pertains to primary entrances, all five units
have secondary entrances at the rear which lead directly to the public sidewalk
system at distances that range from 100 to 160 feet.
Since only five out of 88 dwelling units fail to comply, and are out of compliance
by very slight distances, the Hearing Officer finds that the degree of variation is
nominal and inconsequential given the context of the entire 10.33 acre site. The
extra distance is outweighed by advantage of these units being able to front onto
the central green, which is a desirable building placement. Therefore, a
Modification of Standards is appropriate under the criteria in Section 2.8.2.
F. The project fully complies with the standards in Division 3.6,
Transportation and Circulation.
SUMMARY OF CONCLUSIONS
A. As conditioned below, the Spring Creek Ranch P.D.P. complies with the
land use and development standards of the M-M-N, Medium Density
Mixed -Use Neighborhood Zone District.
B. As conditioned below, the Spring Creek Ranch P.D.P. complies with the
applicable General Development Standards of Article Three.
City of Fort Collins -Type 1 Administrative Hearing
Findings, Conclusions, and Decision
Spring Creek Ranch, P.D.P. #15-05
Page 7 of 10
would be considered an aesthetic intrusion into the buffer and defeat the purpose
of protecting the visual integrity of Spring Creek.
The Hearing Officer finds that the buffer performance standards set forth in
Section 3.4.1(E)(1) can be achieved by providing additional native plant material
in the buffer zone, and by minimizing changes in grade, reducing lighting levels,
constructing buildings that conform to the architectural renderings, and by
prohibiting fencing in the rear portion of Lots 79 - 82. The following condition of
approval will insure protection of the Spring Creek buffer:
At the time of submittal for Final Plan, the Plan shall demonstrate
compliance with the performance standards of Section 3.4.1(E)(a — i)
with particular attention paid to minimizing the changes in grade,
adding a generous amount of native plant material, reducing private
security lighting, constructing buildings with a mass that is
consistent with that shown in the architectural renderings, and
prohibiting fencing in the buffer zone.
D. The project complies with Section 3.5.2, Residential Building Standards,
provided it includes a Major Walkway Spine on the west and north sides of the
property. The Major Walkway Spine is necessary to meet the garage door
setback in Section 3.52(E).
The Major Walkway Spines, as currently depicted, meet the required minimum
width of thirty-five feet. Increasing the setback by seven (7) feet on the east
property line to achieve compatibility, greater privacy and better land use
transition requires a corresponding reduction in the width of the Major Walkway
Spine on the west side of the property.
The Hearing Officer finds that a modification of standards would be appropriate
to allow reduction of the width of the Major Walkway Spine on the west side to
accommodate a larger setback on the east side. A modification may be granted
under Section 2.8.2(H)(1) if the granting of the modification would not be
detrimental to the public good, and the plan "will promote the general purpose of
the standard for which the modification is requested equally well or better than
would a plan which complies with the standard for which a modification is
requested." The Hearing Officer finds that the purpose of the Major Walkway
Spine in terms of the driveway setback is to mitigate the effect of allowing
garages to front directly on the street. Since there is no existing development to
the west of this proposal, a reduction in the width of the spine would not
adversely affect existing development. Allowing the modification would help the
project as a whole better achieve conformance with the General Development
Standards.
City of Fort Collins -Type 1 Administrative Hearing
Findings, Conclusions, and Decision
Spring Creek Ranch, P.D.P. #15-05
Page 6 of 10
an internal block. Although a block in the context of the city's overall street
system as a whole is not created, the Hearing Officer finds that the presence of
Spring Creek renders such a block infeasible.
3. Compliance with Article 3 of the Land Use Code — General
Development Standards
A. The project meets the applicable standards in Division 3.2 governing Site
Planning and Design Standards with the exception of Section 3.2.1(E)(1),
Buffering Between Incompatible Uses and Activities.
Where the arrangement of uses does not adequately mitigate conflicts between
dissimilar uses, Section 3.2.1(E)(1) requires landscape buffering to mitigate the
conflicts.
The proposed eight-plex structure on the east side of the project, while a
residential use, is dissimilar to the existing single family, large lot rural residential
use to the east. The potential conflict between the eight-plex development and
use of the property to the east for horses can be mitigated by complying with
Section 3.2.1(E)(1)(a), planting dense stands of evergreen trees, canopy shade
trees, ornamental trees or shrubs.
The existing proposed setback is not of sufficient width to allow an adequate
landscape buffer to be located within the boundaries of the project. Increasing
the setback by seven (7) feet, as described above, will allow the landscape plan
to incorporate this planting within the project boundaries and achieve better
buffering. Alternatively, a reduction in density along the east side would obviate
the need for a landscape buffer planting.
B. The project meets the requirements of Division 3.4 with the exception of
Section 3.4.1(E) — Establishment of Buffer Zones. This standard requires that
new development buffer Spring Creek by either a quantitative distance of 100
feet or by qualitative protection that may be less than 100 feet in some areas but
with mitigation provided in the form of additional native plant material. The
P.D. P. provides for the 100 feet in all but the rear portion of Lots 79 — 82 located
in the northwest corner of the project which slightly encroach into the buffer. At
the most extreme point, the encroachment is 30 feet on Lot 81.
These four lots encroach into the buffer so that the stormwater detention pond
can be located in the northeast corner of the property. Although the pond could
be located in the area of the encroachment and is an allowable use in the buffer
zone, if it were shifted to the northwest corner, the pond would have to be
engineered with retaining walls. The use of retaining walls cut into the slope
City of Fort Collins -Type 1 Administrative Hearing
Findings, Conclusions, and Decision
Spring Creek Ranch, P.D.P. #15-05
Page 5 of 10
the east side of the property by four units would achieve a better transition from
the existing single family detached residence to this project.
Increasing the setback by seven (7) feet on the east side is a feasible alternative
to a reduction in dwelling units that would also assist in making the transition
from the L-M-N zone district with an existing single family residence to this M-M-
N zone district.
The Hearing Officer finds that the proposal would be compatible with the
surrounding land uses provided the buildings along the east side are set back an
additional seven (7) feet from the property line or the number of dwelling units is
decreased by four units on the east side.
2. Compliance with Article 4 and the M-M-N — Medium Density Mixed -
Use Neighborhood District Standards
A. The proposal complies with the land use standards in Section 4.5(D). As
set forth above, it will have 8.6 dwelling units per net acre, thus complying with
the minimum average density of seven dwelling units per net acre in Section
4.5(D)(1). The number of dwelling units could be reduced by four units and still
comply with the minimum average density standard.
B. The proposed layout provides access to a central green that is
approximately 11,550 square feet in size, thereby complying with the standard in
Section 4.5(D)(3).
C. Section 4.5(E)(1) requires all development in the M-M-N District to be
developed as a series of complete blocks bounded by streets with a maximum
size of seven (7) acres, unless the decision maker determines that compliance is
infeasible for reasons identified in the Land Use Code.
This project is a total of 10.33 acres and consists of a single block. Compliance
with the maximum block size of seven (7) acres would require severing
approximately 3.33 acres or breaking the project into two blocks. The former
option would result in fragmented development that cannot be integrated into a
block system, thereby undermining the intent of creating blocks. Breaking the
project into two blocks would create unnecessary streets and an illogical layout.
Therefore, the Hearing Officer finds that compliance with Section 4,5(E)(1)(b) is
infeasible.
Since Spring Creek forms the northern boundary, it is impossible to surround the
site with public streets to create a block. The P.D.P. is served by three public
streets and three private access easements in a rectilinear pattern thus creating
City of Fort Collins -Type 1 Administrative Hearing
Findings, Conclusions, and Decision
Spring Creek Ranch, P.D.P. #15-05
Page 4 of 10
articulated with a series of recesses and projections and varying rooflines.
Horizontally, across the front of the building, there are differentiated entrances
and patios defined by a low picket fence. Vertically, variety is accomplished by
use of artificial stone veneer, both horizontal and vertical siding, and a repeating
pattern of gable roofs. The multi -family buildings are interesting and not
repetitious. In general, the Hearing Officer finds that, provided the project
adheres to the architectural renderings, the proposal is proportional in terms of
building height, bulk, mass and scale to the adjacent residence.
B. Section 3.5.1(D) addresses privacy considerations and requires the
elements of the development plan to be arranged to maximize the opportunity for
privacy by the residents and minimize infringement on the privacy of adjoining
land uses. The project is designed with the stormwater detention pond adjacent
to the adjoining residence, thereby preserving views and increasing privacy. The
project is arranged so that the front entrances of the dwelling units that abut the
east property line face east. The dwellings are between eighteen (18) and
twenty-six (26) feet from the eastern property line, and are thirty-two (32) feet at
the closest point from the residence to the east.
The Hearing Officer finds that infringement on the privacy of the adjoining
residence could be better minimized by increasing the setback along the east
property line. The Hearing Officer finds that increasing the setback by seven (7)
feet would better achieve compliance with Section 3.5.1(D) and would also help
achieve compliance with Section 3.5.1(H) — Land Use Transition and Section
3.2.1(E)(1), addressed below. Increasing the east setback would require a
corresponding reduction in the width of the Major Walkway Spine on the west
side of the property, which requires a Modification of Standards. Should the
Applicant decide to request such a modification, the Hearing Officer believes it
could be supported.
C. Section 3.5.1(H) — Land Use Transition also provides guidance for
assessing compatibility. This section requires the development plan, to the
maximum extent feasible, to achieve compatibility through compliance with the
standards set forth in the Building Standards Division regarding scale, form,
materials and colors.
The "maximum extent feasible" is defined in Section 5.1.2 to mean "that no
feasible and prudent alternative exists, and all possible efforts to comply with the
regulation or minimize potential harm or adverse impacts have been undertaken."
Section 3.5.1(H) specifically addresses achieving compatibility through building
design. This section could support reducing the size of the buildings on the east
side by several units so that the project has lesser densities in the areas adjacent
to existing development and greater densities internal to the project. The
Hearing Officer finds that a reduction in the number of attached dwelling units on
City of Fort Collins -Type 1 Administrative Hearing
Findings, Conclusions, and Decision
Spring Creek Ranch, P.D.P. #15-05
Page 3 of 10
The properties to the south and east are zoned L-M-N, Low Density Mixed -use
Neighborhood. Although currently unplatted, the zoning allows residential uses
ranging from single-family detached dwellings to multi -family dwellings with up to
eight units per building. The zone district also allows institutional/civic/public
uses and commercial/retail uses. The maximum allowed density for residential
development is eight dwelling units per gross acre. The minimum average
density is five dwelling units per net acre.
The M-M-N District requires an overall minimum average density of seven
dwelling units per net acre. This proposal will be 8.6 dwelling units per net acre.
The properties to the north and west are in the M-M-N, Medium Density Mixed -
use Neighborhood District. They too are currently unplatted and undeveloped.
The public testimony primarily focused on the impact of the proposal on the
property immediately east, which contains a single family, detached residence
with horses and irrigated pasture land. There were concerns about protecting
the horses from dogs in the new development, providing adequate safety
warnings about the presence of horses, protecting the views and privacy of
existing residents, preserving the flow of irrigation water through an existing
ditch, and the compatibility of the proposed architecture with the rural nature of
the existing development. Public testimony also addressed the issue of
connecting West Swallow Road, which would allow traffic to access onto South
Taft Hill Road from the high school, protecting Spring Creek as a wildlife corridor,
and the sufficiency of parking on site.
When assessing compatibility, both the existing and potential development must
be considered. Although the proposed development is far more dense than
existing development on the surrounding properties, compatibility must be
determined by considering potential future development and the overall intent of
the zoning scheme. The overall intent of the zoning scheme is to promote infill
development at sufficient density to create a community and facilitate alternative
modes of transportation. It is anticipated that over time, the surrounding
properties will be redeveloped to density levels similar to that proposed for this
project.
The standards in Section 3.5.1 provide guidance for assessing compatibility.
A. Section 3.5.1(C) requires buildings to either be similar in size and height,
or, if larger, to be articulated and subdivided into massing that is proportional to
the mass and scale of other structures on adjoining blocks.
The proposal has two eight-plex structures along the east property line adjacent
to an existing single family, detached dwelling unit. The size of the eight-plex
units significantly exceeds that of the abutting residence. Overall, the mass is
City of Fort Collins -Type 1 Administrative Hearing
Findings, Conclusions, and Decision
Spring Creek Ranch, P.D.P. #15-05
Page 2 of 10
The site is located on the north side of Hull Street, south of Spring Creek,
approximately 300 feet east of Taft Hill Road. The site is zoned M-M-N, Medium
Density Mixed -Use Neighborhood.
SUMMARY OF HEARING OFFICER DECISION: Approval with Conditions
ZONING DISTRICT: M-M-N, Medium Density Mixed -Use Neighborhood
STAFF RECOMMENDATION: Approval with Conditions
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 6:00 p.m. on June 16, 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 and exhibits
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 surrounding zoning and
land uses are as follows:
N: M-M-N; Spring Creek Trail and Spring Creek
N: M-M-N; Existing large lot residential property (unplatted)
S: L-M-N; Existing large lot residential property (unplatted)
E: L-M-N; Existing large lot residential property with horse pasture and barn
W: M-M-N; Existing large lot residential property (unplatted)
City of Fort Collins
Commi._ _.Ly Planning and Environmental ,.<:rvices
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:
June 16, 2005
Spring Creek Ranch, P.D.P.
P.D.P.#14-05
Far Hills Development
c/o V-F Ripley Associates
401 West Mountain Avenue
Suite 201
Fort Collins, CO 80521
Mr. Michael Mintz
855 Charolars Circle
Edwards, CO 81632
Claire Levy, Esq.
Claire B. Levy, LLC
3172 Redstone Road
Boulder, CO 80305
This is a request for a residential project on 10.33 acres. The project consists of
88 dwelling units divided among 20 buildings. The units are divided among the
20 buildings in the following manner: 10 duplex buildings for 20 units; one four-
plex for four units; one five-plex for five units; three six-plexes for 18 units; four
eight-plexes for 32 units; and one nine-plex for nine units.
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020