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Home My WebLink AboutSPRING CREEK RANCH - PDP - 14-05 - DECISION - MINUTES/NOTES (3)SPA**rj6 Gtie-eK Aiva h - -- P6 N E'ET /vAAE 1PFg7- e ( / wee GJa��s A00•�£�'s „2Goy S J yf IL:- T Hi« �D PO box Y217 C�O wfteDs cc) rks z. City of Fort Collins -Type 1 Administrative Hearing Findings, Conclusions, and Decision Spring Creek Ranch, P.D.P. #15-05 Page 4 of 4 Based on the foregoing, the Hearing Officer finds the Applicant's Project Development Plan complies with the second condition of approval in the June 27, 2005 decision, and fully conforms to the standards in Articles 3 and 4 of the Land Use Code. SUMMARY OF CONCLUSIONS A. The Spring Creek Ranch P.D.P. now complies with the land use and development standards of the M-M-N, Medium Density Mixed -Use Neighborhood Zone District. B. The Spring Creek Ranch P.D.P. now complies with the applicable General Development Standards of Article Three. DECISION Condition number one in the June 27 decision regarding compliance with the performance standard of Section 3.5.1(E)(a-i) for protection of the creek buffer shall continue to apply. The Spring Creek Ranch P.D.P., Case #14-05 is hereby approved. Dated this 4"' day of August, 2005. 01 :f 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 3 of 4 decreasing the overall mass of the buildings adjacent to the existing single family detached dwelling. In addition, the revised plans include a major walkway spine along the east property line, resulting in a setback of 38.34 feet rather than the previous 20 feet. This increased setback accommodates a more dense landscape buffer to screen the new use from the existing residence. Additional revisions include a reduction in grade on the east side such that three of the duplex buildings (six dwelling units) will be lower in grade than the home to the east, further mitigating the visual impact of the development. The revised plans did not change the location of the detention pond in the northeast corner of the property. The Applicant placed into the record Meeting Notes from two meetings held on July 26, 2005 at the offices of J-R Engineering. These Notes summarized the terms of agreements with the property owners to the east and southeast of the subject property. The Applicant committed to implement measures to resolve potential conflicts between the proposed residential use and the horses kept on adjacent properties, including fencing and signage. The Applicant committed to designing Hull Street in a way that discourages using the private drive for 1901 Hull Street as a turn -around, and posting no -parking signs on Hull Street, both of which were preliminarily approved by the City staff. Additional commitments addressed concerns of the property owner to the east regarding the underground piping of the ditch lateral that crosses the subject property. Along with the notes of the July 26 meeting, the Applicant placed into the record a conceptual layout of proposed landscaping along the east property boundary, a cross-section of the retaining wall and planting area on the east boundary, and a diagram of the proposed connection between the terminus of Hull Street and the access driveway for 1901 Hull Street. The property owner to the northwest testified about access to the sewer line that crosses his property. The Applicant indicated that plans have not been finalized for sewer hook-up. There is an available sewer line to the east, which would avoid the need to disturb this property owner's land. Although the additional commitments reflected in the July 26 Meeting Notes were not necessary to meet the Hearing Officer's conditions of approval, the Hearing Officer finds that they assist in making the proposal more compatible with the existing agricultural uses on adjacent properties, and strongly encourages implementing each of the commitments set forth in the Notes. The Hearing Officer encourages additional consultation with neighboring property owners before finalizing the landscape plans and placement of construction protection fencing to avoid adverse impacts. City of Fort Collins -Type 1 Administrative Hearing Findings, Conclusions, and Decision Spring Creek Ranch, P.D.P. #15-05 Page 2 of 4 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 ZONING DISTRICT: M-M-N, Medium Density Mixed -Use Neighborhood 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 6:05 p.m. on August 3, 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 The purpose of the hearing was to determine whether the Applicant's revised plans comply with the second condition of approval set forth in the Hearing Officer's June 27 decision. That condition required either a reduction in the number of units along the east side of the property or an increased setback with a dense landscape buffer on the east side of the property. The purpose of the condition was to address the standards in Sections 3.5.1(D) and (H) of the Land Use Code, which address privacy and land use transitions, and Section 3.5.1(E), which requires a landscape buffer to mitigate conflicts between dissimilar uses. The revised plans replaced the two eight-plex buildings on the east property line with five duplex buildings, reducing the number of units from 16 to 10 and also City of Fort Collins Commu -.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: PROJECT NAME: CASE NUMBER: APPLICANT: OWNER: HEARING OFFICER: PROJECT DESCRIPTION: August 3, 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 Charolais 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 building for four units; four six-plex buildings for 24 units; one seven-plex building for seven units; three eight-plex buildings for 24 units; and one nine-plex building for nine units. 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020