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City of Fort Collins -Type 1 Administrative Hearing
Findings, Conclusions, and Decision
Bellwether Farm PDP - #46-04
Page 6 of 6
C. The Bellwether Farm Project Development Plan is compatible with
surrounding uses.
DECISION
The Bellwether Farm Project Development Plan #46-04, is hereby approved by
the Hearing Officer without condition.
Dated this 13`h day of April, 2005.
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Claire B. Levy
Hearing Officer
City of Fort Collins -Type 1 Administrative Hearing
Findings, Conclusions, and Decision
Bellwether Farm PDP - #46-04
Page 5 of 6
limitation, cars, trucks, buses, bicycles, pedestrians and emergency
vehicles."
All internal streets within the P.D.P. are local public streets. North Briarwood
Road, a local street, connects the P.D.P. to West Vine Drive. The new internal
local streets will feature detached sidewalks, on -street parking on both sides, and
two travel lanes. There are no new collector streets associated with the P.D. P.
Section 3.6.4 — Transportation Level of Service Requirements
"All development plans shall adequately provide vehicular, pedestrian and
bicycle facilities necessary to maintain the adopted transportation Level of
Service standards for the following modes of travel: motor vehicle, bicycle
and pedestrian."
An intermediate, short-range (2007) Transportation Impact Study was prepared
in conjunction with the P.D.P.
There are two key intersections: West Vine Drive/North Briarwood Road; and
West Vine Drive/ North Taft Hill Road. In the short range, given full development
of Bellwether Farm, and a 2% annual increase in background traffic, these two
intersections will operate acceptably with existing stop sign control.
A ten -foot wide, concrete bicycle/pedestrian trail will be constructed along the
New Mercer Ditch. This will connect Taft Hill Road to Cherry Street. From the
terminus at Cherry Street, it is one block to Irish Elementary School. (The trail
will be widened to 20 feet at Cherry Street to allow for a second point of access
for emergency equipment.)
Interim improvements along West Vine Drive, from Impala Drive to the
intersection with Taft Hill Road will be constructed in conjunction with the
developer of the Adrian P.D.P. These interim improvements include street
widening to 36 feet. This will allow two six-foot wide on -street bicycle lanes.
Existing right-of-way is in place to accommodate these improvements.
SUMMARY OF CONCLUSIONS
A. The Bellwether Farm Project Development Plan satisfies the land use
standards of the L-M-N Zone District
B. The Bellwether Farm Project Development Plan complies with all
applicable General Development Standards contained in Article 3 of the
Land Use Code.
City of Fort Collins -Type 1 Administrative Hearing
Findings, Conclusions, and Decision
Bellwether Farm PDP - #46-04
Page 4 of 6
is providing land for regional drainage facilities south of the Mercer Ditch, which
prevents constructing a road through that area. In addition, there was testimony
that at maximum projected traffic levels, the number of vehicle trips per day on
North Briarwood would not exceed the recommended level for a local street.
Requiring proper signage at the entrance to Bellwether Farms could alleviate
possible conflicts with children playing in North Briarwood Road and could
reduce the possibility of excessive speeds by residents of Bellwether Farms who
are driving to West Vine Drive.
Lastly, there were concerns about whether the project would exacerbate flooding
problems. The project will set approximately five (5) acres aside to
accommodate storm water runoff both from the site and regionally. This project
will enable the City to implement regional drainage improvements to capture,
detain and channel the 100-year storm. When all of the improvements are
completed, there will be an overall improvement in the area drainage patterns.
2. Compliance with Article 4 and the L-M-N — Low Density Mixed -Use
Neighborhood District Standards
As is set forth above in the discussion about compatibility, the Project
Development Plan complies with the Land Use and Density Standards for the L-
M-N Zone.
The Staff Report summarizes the PDP's compliance with the other Land Use
Standards in 4.4(D), including mix of housing type and proximity to a
neighborhood park, and the Development Standards in 4.4(E). No specific
evidence contradicted the statements and conclusions of the staff report
concerning compliance. The Hearing Officer notes that the Preliminary Site Plan
and Preliminary Plat further support a finding of compliance with the Land Use
and Development Standards for the L-M-N Zone.
3. Compliance with Article 3 of the Land Use Code — General
Development Standards
The project development plan complies with all applicable sections of Article 3 of
the LUC. The following standards deserve particular mention:
Section 3.6.3 — Street Pattern and Connectivity Standards
"The local street system of any proposed development shall be designed
to be safe, efficient, convenient and attractive, considering use by all
modes of transportation that will use the system (including, without
City of Fort Collins -Type 1 Administrative Hearing
Findings, Conclusions, and Decision
Bellwether Farm PDP - #46-04
Page 3 of 6
E: County: FA; Existing Rural Residential
W: County: FA; Existing County Subdivision (Green Acres)
The subject area is zoned L-M-N, allowing single family detached dwellings
subject to administrative review. Section 4.4 (D)(1)(a) provides that residential
developments in the L-M-N zone shall have an overall minimum average density
of five (5) dwelling units per net acre of residential land. A development in an
"infill area" containing twenty (20) acres or less is not required to meet this
minimum density.
The density proposed for the Bellwether Farms PDP is 3.05 dwelling units per
acre, which is below the minimum allowed density. Because the total area of
Bellwether Farms is 14.41 acres, a density less than five dwelling units per acre
is acceptable.
Testimony at the hearing and comments at the neighborhood meeting held on
August 31, 2004 indicated concerns about compatibility with existing patterns of
development. The surrounding area is largely one-story ranch style houses on
lots ranging from 7,000 to 9,000 square feet.
The Fort Collins Land Use Code would allow a maximum of eight (8) dwelling
units per gross acre, and up to twelve (12) dwelling units per gross acre for an
affordable housing project. The proposed development, at 3.10 dwelling units
per net acre, is less dense than the minimum density for a larger residential
development in the L-M-N zone and less dense than would be allowed as a
maximum density. In addition, although many of the lots are under 5,000 square
feet in area, the average lot size of 90% of the dwellings is 5,497 square feet,
with 10% of all lots exceeding 7,497 square feet. The proposed development will
consist entirely of single family homes. The lot configuration will be similar to that
of the surrounding area. Approximately five acres will remain undeveloped,
which will create a buffer between the proposed development and any additional
development to the south and east. Therefore, the proposal is compatible with
the surrounding area and is considerably less dense than the allowed maximum
density for this parcel.
Testimony from neighboring property owners and residents also expressed
concern about the volume of traffic that would be placed on North Briarwood
Road, and questioned whether it was possible to create an additional access
directly to North Taft Hill Road.
Concerns about additional traffic on North Briarwood Road were legitimate, as it
currently only serves the approximately 21 homes on North Briarwood Road and
Plains Court. However, the Applicant and city staff testified that full vehicular
access to Cherry Street and access out to North Taft Hill Road would conflict with
needed drainage improvements for the northwest part of the city. The Applicant
City of Fort Collins -Type 1 Administrative Hearing
Findings, Conclusions, and Decision
Bellwether Farm PDP - #46-04
Page 2 of 6
SUMMARY OF HEARING OFFICER DECISION: Approval
ZONING DISTRICT: L-M-N, Low 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 6:15 p.m. on April 6, 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
The site is in the boundary area of the Northwest Sub -Area Plan. This Sub -Area
Plan is in the initial stages of formulation and is not applicable to applications for
land uses in the Northwest Sub -area. There is no moratorium on land
development during this planning process. The property was annexed in 1982
as part of the Vine -LaPorte -Taft Second Annexation. The Poudre Plains
subdivision is part of this annexation. Historically, the site was a farm and
included a large greenhouse that was damaged in the blizzard of 2003.
1. Compatibility with Surrounding Uses: The proposed development is
compatible with the following surrounding zoning and land uses:
N: L-M-N; Existing Subdivision (Poudre Plains)
S: County: FA: Vacant
S: L-M-N; Semi -Rural Residential with Pasture
City of Fort Collins
Commr,_ _,y Planning and Environmental _ _rvices
Current Planning
CITY OF FORT COLLINS
ADMINISTRATIVE HEARING OFFICER
TYPE 1 ADMINISTRATIVE HEARING
FINDINGS, CONCLUSIONS AND DECISION
ADMINISTRATIVE HEARING DATE:
PROJECT NAME:
CASE NUMBER:
APPLICANT:
OWNER:
HEARING OFFICER:
PROJECT DESCRIPTION:
April 6, 2005
Bellwether Farm Project
Development Plan
#46-04
Imago Enterprises, Inc.
c/o V-F Ripley
401 West Mountain Avenue
Fort Collins, CO 80521
Les Kaplan
Imago Enterprises, Inc.
140 Palmer Drive
Fort Collins, CO 80525
Claire B. Levy, Esq.
Claire B. Levy LLC
3172 Redstone Road
Boulder, CO 80305
The Applicant submitted a request for 44 single family detached dwelling units on
14.3 acres. The site is located west of Taft Hill Road and south of West Vine
Drive. Primary access is proposed to be via North Briarwood Road. The New
Mercer Ditch bisects the property. The area southeast of the ditch,
approximately five acres, will remain open for storm water drainage facilities and
a bicycle/pedestrian trail. The parcel is zoned L-M-N, Low Density Mixed -Use
Neighborhood.
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020