HomeMy WebLinkAboutSERRANO TOWNHOMES - PDP - 41-04 - DECISION - FINDINGS, CONCLUSIONS & DECISIONJ.
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Serrano PDP 40Go
Administrative Hearing
Findings, Conclusions, and Decision
March 31, 2005
Page 6 of 6
sidewalk along the south side of Boardwalk Drive (varying in design and
construction from a 5.5'-wide attached section, approximately 140' in length, west
from the intersection of Boardwalk Drive and Lemay Avenue to a detached
sidewalk extending to the western boundary of the Project) was installed at the
expense of the previous landowner. Also, the City of Fort Collins Transportation
Planning staff has agreed to search their archives for any record of this being the
case.
2. If documentation cannot be provided substantiating the claim that the sidewalk
was installed at the expense of the previous landowner, the applicant, at his
expense, shall design and construct a sidewalk conforming to the Larimer County
Urban Area Street Standards (LCUASS) for a collector level facility in conjunction
with the Project.
Dated this 7th day of April 2005, per authority granted by Sections
1.4.9(E) and 2.1 of the Land Use Code.
ameron Gloss
Current Plannin irector
Serrano PDP
Administrative Hearing
Findings, Conclusions, and Decision
March 31, 2005
Page 5 of 6
F.Section 3.6.4 — Transportation Level of Service
Adverse traffic conditions in the immediate area of S. Lemay and Boardwalk
Drive were an issue raised by neighbors commenting during the public hearing.
Neighbors specifically expressed concern about the amount of additional traffic
generated by the Development and perceived existing congestion near the
Lemay/Boardwal k-Keen land intersection. Based on the Applicant's
Transportation Impact Study (TIS) and the evidence presented on the issue of
traffic impacts affecting this intersection and the immediate area, the Hearing
Officer is convinced that vehicular conflicts will not increase in any significant
manner by the traffic generated by the Project and that the resulting increase in
traffic will fall well within the adopted Level of Service (LOS) standards at the
intersection. Traffic projections provided in the applicant's Transportation Impact
Study are based on actual traffic counts from the area. The Hearing Officer
acknowledges and appreciates that residents have provided careful thought in
the framing of their concerns; however, the weight of evidence presented by the
Applicant and corroborated by the City staff, supports a finding of compliance
with the Transportation Level of Service Requirements
There was no evidence introduced at the hearing to contradict the Staff Report;
therefore, the Hearing Officer finds that the Project Development Plan is in
conformance with the applicable requirements found in Article 4 of the Land Use
Code.
SUMMARY OF CONCLUSIONS
A. The Serrano Project Development Plan is subject to administrative review and
the requirements of the Land Use Code (LUC).
B. The Serrano Project Development Plan satisfies the development standards of
the LMN zoning district.
C. The Serrano Project Development Plan Project Development Plan complies with
all applicable General Development Standards contained in Article 3 of the Land
Use Code, except Section 3.6.2(F) where a condition of approval will satisfy such
standard.
DECISION
The Serrano Project Development Plan, #41-04, is hereby approved by the Hearing
Officer with the following conditions:
1. The applicant shall provide City staff with copies of any documentation the
applicant may discover that supports the applicant's claim that an existing
Serrano PDP Go
Administrative Hearing
Findings, Conclusions, and Decision
March 31, 2005
Page 4 of 6
serve the Project. Building Envelopes for all six proposed buildings are identified
on the plat.
B. Section 3.3.1 [C] (1) - Public Sites, Reservations, and Dedications
The plat indicates the proper dedication for street right-of-way along S. Lemay
Avenue, and a drainage, utility, landscape and access easement needed to
serve the Project.
C. Section 3.4.1 [J] — Erosion Control Plan
The proposed development is subject to stormwater drainage and erosion control
plans meeting adopted City standards. Such standards are meant to reduce
airborne dust impacts to surrounding properties and silt impacts to drainageways,
natural features and drainage facilities. Specific requirements include, but are not
limited to: installation of silt fence around disturbed areas, construction vehicle
tracking control to reduce much transfer to paved areas and the watering of soil
during the construction period.
Required mitigation measures approved under the Erosion Control Plan for this
project will be enforced by the City's Utilities Department.
D. Section 3.5.1 [B] — Architectural Character
Section 3.5.1 of the LUC requires that new developments be compatible with the
established character of the area. Pursuant to this section, the proposed
buildings will be similar in mass, bulk and scale with single family and multi -family
buildings in the immediate area.
E. Section 3.5.2 [D] — Setback from Arterial Streets
The Plan complies with the minimum setback required from Lemay Avenue,
providing building setbacks ranging from 30-35 feet, where a minimum of 30 feet
is required.
While there was no direct testimony or evidence presented at the public hearing
to contradict the Project's compliance with these standards, questions were
posed by one neighborhood resident regarding the proposed setback from
Lemay Avenue and the consistency of such setback with that provided by The
Hamlet at Miramont.
Serrano PDP so
Administrative Hearing
Findings, Conclusions, and Decision
March 31, 2005
Page 3 of 6
FACTS AND FINDINGS
1. Site Context
7J
The surrounding zoning and land uses are as follows:
N: M-M-N; Multi -family residential (The Lodge at Miramont)
S: L-M-N; Single-family residential (Miramont)
E: R-L, P-O-L; Single Family residential, golf course (Oakridge Village,
Southridge)
W: L-M-N; Multi -family residential (The Hamlet at Miramont)
This property, which has not been previously subdivided, was annexed into the
City as part of the Keenland Annexation in August 1980.
2. Compliance with Article 4 and the LMN Zoning District Standards:
The Project complies with the applicable standards found under Article Four of
the Land Use Code. The applicant's request complies with the following
standards:
Section 4.4(D) — Land Use Standards
The Project Development Plan complies with all applicable requirements of
Article 4 and the LMN zone district. The Staff Report summarizes the PDP's
compliance with these standards and no specific evidence was presented to
contradict or otherwise refute the compliance with Article 4 or the LMN District
Standards. In particular, the proposed multi -family residential use is permitted
within the LMN zone district subject to an administrative review.
The PDP, with a gross residential of 7.9 dwelling units per acre, and net
residential density of 8.0 dwelling units per acre, complies with the minimum net
density and maximum gross density prescribed for the zoning district.
3. Compliance with Article 3 of the Land Use Code — General Development
Standards
A. Section 3.3.1 [B] — Lots
The proposed lot complies with the design standards in that it has vehicular
access to a public street. The subdivision design does not impact the layout of
roads, driveways, utilities, drainage facilities and other services necessary to
Serrano PDP
Administrative Hearing
Findings, Conclusions, and Decision
March 31, 2005
Page 2 of 6
PUBLIC HEARING
The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the
hearing at approximately 6:30 PM on March 31, 2005 in the Advance Planning
Department Conference Room A at 281 N. College 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) a tape recording of 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.
The following is a list of those who attended the meeting:
From the City:
Steve Olt, City Planner
From the Applicant:
Steve Slezak, Treadstone Development
Patricia Kroetch, Northstar Engineering
Jim Birdsall, Landscape Architect
From the Public:
Dick Steade, 5220 Boardwalk Drive, D-14
Robert Starr,1124 Spanish Oak Ct.
Tom Moore, 5151 Boardwalk Drive, A-1
Written Comments:
None.
City of Fort Collins
and Environmentovices
Current Planning
CITY OF FORT COLLINS
ADMINISTRATIVE HEARING OFFICER
TYPE I ADMINISTRATIVE HEARING
FINDINGS, CONCLUSIONS AND DECISION
ADMINISTRATIVE HEARING DATE
PROJECT NAME:
CASE NUMBER:
APPLICANTh
OWNER
HEARING OFFICER:
PROJECT DESCRIPTION:
March 31, 2005
Serrano Project Development Plan
#41-04
Treadstone Development LLC
c/o Steve Slezak
231 South Howes Street
Fort Collins, CO 80521
Cameron Gloss
Current Planning Director
The Applicant has submitted a request to construct 18 townhouse -style dwelling units
within six detached buildings. The buildings will be 2 stories and 26 feet in height, with
third story tower elements 30'-4" in height. Vehicular access to the project will be
provided through one driveway connection to Boardwalk Drive. The 2.29 acre project
site is located at the southwest corner of Lemay Avenue and Boardwalk Drive.
SUMMARY OF HEARING OFFICER DECISION: Conditional Approval
ZONING DISTRICT: Low Density Mixed Use Neighborhood- L-M-N.
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.
281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020
ComAW Planning and Environmenteavices
Current Planning
City of Fort Collins
April 11, 2005
Participant in the Serrano PDP hearing:
Enclosed is a copy of the Type I Administrative Hearing Findings, Conclusions, and
Decision for the Serrano PDP #41-04.
This final decision may be appealed to the City Council in accordance with Section 2-48
of the Code of the City of Fort Collins.
The appellant must submit written notice of appeal, reasons for the appeal and a filing fee
of $100 to the City Clerk's Office within 14 days of the date of final action by the
Hearing Officer. Information regarding the grounds for appeal is available on the City
Clerk's page of the City's website at http://fcgov.com/cityclerk/appeals/phhp If appealed, the
City Clerk will place the item on the Council agenda for hearing as expeditiously as
possible.
Written notice of an appeal from a final decision of the Hearing Officer to the City
Council is given by the City Clerk to the appellant, the applicant and all other parties -in -
interest 10 days prior to the date set for the hearing.
An appeal of the Hearing Officer's final decision is based on the minutes of the
proceedings at the Administrative Hearing and any other materials received by the
Hearing Officer. New evidence may not be considered on an appeal. The City Council
may uphold, overturn, or modify the decision of the Hearing Officer.
If you have specific questions about the appeal process, please contact me at 221-6750.
Sincerely,
Steve Olt
City Planner
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX.(970) 416-2020