HomeMy WebLinkAboutSUNRISE RIDGE, 2ND FILING - PDP - 13-05D - DECISION - FINDINGS, CONCLUSIONS & DECISIONSunrise Ridge, 2ntl Filing
Administrative Hearing
Findings, Conclusions, and Decision
March 21 and April 10, 2007
Page 6 of 6
B. The Sunrise Ridge, Second Filing, Project Development Plan complies with all
applicable Urban Estate zone district standards contained in Article 4 of the Land
Use Code except where modifications to the lot width and sideyard setback
standards have been granted.
C. The Sunrise Ridge, Second Filing, Project Development Plan complies with all
applicable General Development Standards, including the Plat Standards,
contained in Article 3 of the Land Use Code except where a condition has been
added to ensure compliance with Section 3.2.1(F).
D. With Respect to the requested Modification to Section 4.2 (D)(2)(a) Minimum Lot
Width and Section 4.2 (D)(2)(a) Minimum Side Yard Width, the Hearing Officer
finds that the requested modifications:
1. Will not be detrimental to the public good; and
2. The development plan will promote the general purpose of the standard for
which the modifications are requested equally well or better than a plan which
complies with the standards for which the modifications are requested
because the minimum lot width reduction will not be readily perceptible when
viewed from public property, and shorter driveway lengths would provide a
more efficient design and be more in keeping with the emerging character of
the surrounding area.
DECISION
The Sunrise Ridge, Second Filing, Project Development Plan, #13-05D, is hereby
approved by the Hearing Officer subject to the following condition:
The Applicant shall submit a Landscape Plan demonstrating compliance with
requirements of the City Forester for tree mitigation as per Section 3.2.1(F) of the Land
Use Code prior to Final Plan approval.
Dated this 11th day of April, 2007 per authority granted by Sections
1.4.9(E) and 2.1 of the Land Use Code
Sunrise Ridge, 2nd Filing
Administrative Hearing
Findings, Conclusions, and Decision
March 21 and April 10, 2007
Page 5 of 6
3. Compliance with Article 3 of the Land Use Code — General Development
Standards
A. Section 3.2.1 (F) — Tree Protection and Replacement
Under this section of the Land Use Code, existing significant trees within the
limits of development must be preserved to the extent reasonably feasible.
Where it is not feasible to protect and retain significant trees, additional trees or
upsized trees must be provided in order to mitigate impacts. To ensure
compliance with the standard, a condition has been placed on the approval that
requires tree impacts to be mitigated to the satisfaction of the City Forester.
B. Section 3.3.1 (B) — Lots
The plat provides for direct vehicular access to all lots within the subdivision. Lots
have been configured in a regular shape and substantially at a right angle to
streets except where the cul-de-sac results in lots that are more "pie -shaped". In
all cases, building envelopes can still accommodate housing sited within the
prescribed building setbacks for the district except where requests have been
made to modify the lot width and sideyard setback standards. Therefore, this
standard has been met.
B. Section 3.3.1 [C] (1) - Public Sites, Reservations, and Dedications
The plat indicates that dedications for public street rights -of -way, and utility and
drainage easements, are provided as needed to serve the lots.
C. Section 3.6.3 — Street Pattern and Connectivity Standards
The Staff Report summarizes the PDP's compliance with the applicable street
pattern and connectivity standards.
D. Section 3.6.4 — Transportation Level of Service Requirements
The Project Development Plan complies with the Transportation Level of Service
standards found in Section 3.6.4.
SUMMARY OF CONCLUSIONS
A. The Sunrise Ridge, Second Filing, Project Development Plan is subject to
administrative review and the requirements of the Land Use Code (LUC).
Sunrise Ridge, 2nd Filing
Administrative Hearing
Findings, Conclusions, and Decision
March 21 and April 10, 2007
Page 4 of 6
proposed single-family detached dwellings are permitted uses within the district.
Compliance with the street connectivity and design standards is met by the
developments' participation in the extension of Rock Creek Drive Street from its
interim terminus at the west property line. There are no other Land Use
Standards applicable to the development.
There are two factors that contribute to the narrowness of the four affected lots
that are not caused by the applicant. First, a 20-foot wide drainage tract has
been dedicated between Lots 1 and 2. This separate tract is required by the
Stormwater Utility to be placed outside the boundaries of the individual lots to
prevent private encroachments such as sheds, garages and the like. Second,
the Poudre Fire Authority requires that the cul-de-sac maintain a diameter of 120
feet for maneuvering large fire equipment. Combined, these two improvements,
on a five acre parcel served by a cul-de-sac, result in narrow lot frontages.
The Hearing Officer concurs with the staff that the 100-foot minimum lot width
would result in driveways of unusual length uncharacteristic of a residential
subdivision. Driveways of such length are inefficient use of land and an
unnecessary increase in impervious surface requiring additional stormwater
management. Long driveways are resisted by builders and homebuyers due to
long term maintenance and snow removal.
As mentioned during the hearing, the subject property as well as the surrounding
properties are included within the Fossil Creek Reservoir Planning Area,
designated on the Plan as "Urban Estate" and zoned consistent with this
designation upon annexation into the City. Therefore, the expectation of the
adopted subarea plan was for the area to change from an undeveloped, rural
character to an urbanizing, large lot residential (1/2 acre minimum lot size) area
to accommodate future growth in southeast Fort Collins.
Although the Hearing Officer finds that some of the comments raised at the
hearing by opponents of the PDP were heartfelt, they were not relevant to the
PDP application under review. Comments specifically related to previous City
and County decisions regarding the renaming of County Rd. 7 and residential
densities applied to the Fossil Creek Reservoir Planning Area. The PDP must be
judged under the existing applicable regulations of the Fort Collins Land Use
Code. These regulations provide sufficient specificity to determine that the
Applicants and Owners have designed the PDP in conformance with the
applicable regulations. There is no authority for the Hearing Officer to mandate
that the Applicants or Owners exceed the minimum requirements of the Land
Use Code, and other applicable regulations, in designing the development.
Sunrise Ridge, 2"' Filing
Administrative Hearing
Findings, Conclusions, and Decision
March 21 and April 10, 2007
Page 3 of 6
From the Public:
Ken and Ethyl Ashley, 5227 Strauss Cabin Road (attended March 21 hearing)
Written Comments:
None.
FACTS AND FINDINGS
1. Site Context
The surrounding zoning and land uses are as follows:
N: U-E; Approved for 12 lots (seven single family detached and five duplexes)
S: FA-1 (County); Existing large -lot, semi -rural single family detached residential
E: FA-1 (County); Vacant — Fossil Creek Reservoir Inlet Ditch
W: L-M-N; Existing Single Family Attached (Willowbrook Subdivision — marketed
as Observatory Village).
Originally part of a large farm, the seven lots that front on the section line road
(now named Strauss Cabin Road) were split off from the original farm
approximately 25 years ago.
All seven lots were included in the boundary area of the Fossil Creek Reservoir
Area Plan jointly adopted by the City and Larimer County in 1999.
The property was annexed and zoned Urban Estate in March of 2006.
Testimony was offered at the hearing by neighboring residential landowners
expressing their strenuous objection to the original annexation of the subject
property and other area properties, and the anticipated or feared impacts of the
proposed development and its design upon the perceived rural character of the
area. Other perceived impacts included prairie dog infestation on the subject
property and a lack of trash pickup on -site.
2. Compliance with Article 4 and the U-E Zoning District Standards:
The proposed subdivision complies with all applicable Land Use and
Development standards specified in Section 4.1 of the Land Use Code except
where modifications of standard are requested relative to the minimum lot width
on five of the lots and the minimum sideyard width for two lots. Proposed density
does not exceed two (2) dwelling units per acre and all lots are at least'/ acre in
size. Minimum lot width is provided for all lots within the subdivision. The
Sunrise Ridge, 2nd Filing
Administrative Hearing
Findings, Conclusions, and Decision
March 21 and April 10, 2007
Page 2 of 6
The second is to allow a decrease in Minimum Side Yard Width from the required 20
feet to 10 feet for two of the seven lots. This request is primarily due to a separately
dedicated Drainage Tract dividing Lots One and Two.
SUMMARY OF HEARING OFFICER DECISION: Conditional Approval
ZONING DISTRICT: U-E, Urban Estate
STAFF RECOMMENDATION: Conditional 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 5:00 p.m. on March 21, 2007 in Conference Room A at 281
North College Avenue, Fort Collins, Colorado. Subsequently, a second hearing was
conducted on April 10, 2007 at 5:00 p.m. for the latest proposal which includes an
additional modification of standards request for a decrease in the minimum side yard for
two of the seven lots.
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 sign up sheet of persons attending 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.
The following is a list of those who attended the meeting:
From the City:
Ted Shepard, Chief Planner
From the Applicant:
Kelly Smith
City of Fort Collins
Commu__,y Planning and Environmental. _vices
Current Planning
CITY OF FORT COLLINS
ADMINISTRATIVE HEARING OFFICER
TYPE I ADMINISTRATIVE HEARING
FINDINGS, CONCLUSIONS AND DECISION
ADMINISTRATIVE HEARING DATES:
PROJECT NAME:
CASE NUMBER:
APPLICANTS:
OWNERS:
HEARING OFFICER:
PROJECT DESCRIPTION:
March 21 and April 10, 2006
Sunrise Ridge, 2nd Filing, Project
Development Plan
#13-05D
Mr. and Mrs. Kelly and Theresa Smith
Mr. and Mrs. Lee and Debi Reep
5101 Strauss Cabin Road
Fort Collins, CO 80528
Mr. and Mrs. William and Ann
Standerfer
5221 Strauss Cabin Road
Fort Collins, CO 80528
Cameron Gloss
Current Planning Director
The Applicant has submitted a request to for a seven lot subdivision with lots which are
a minimum of one-half acre in size and designated for single family detached houses.
The site contains 5.04 acres and is located at 5221 Strauss Cabin Road, approximately
one-half mile south of East Harmony Road on the west side of Strauss Cabin Road.
The applicant is requesting two Modifications of Standard. The first is to allow a
decrease in the Minimum Lot Width, as measured at the front building line, from the
required 100 feet to 50 feet for five of the seven lots. This request is primarily due to the
lots being served by a cul-de-sac and, as a result, being pie -shaped and having a
narrow lot frontage at the street.
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020