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Home My WebLink AboutADRIAN SUBDIVISION, 1ST FILING - PDP - 42-03A - DECISION - FINDINGS, CONCLUSIONS & DECISIONMMT + Ok MLamm" NLWM 1 mI m �lafal.l aaYwdi lA cns+wc hoax T h � 1 • `` I a m mW a+ Mj—M,me 7 sm ormw =�.o� "",".i.a.lr�an 1 "�1"[ 7r "0 / SW p11.�1471.0� I N aWa.ao+amo 1 aua swm mGm) iR a a auaeam wo maim a R P wwwrt non m � am�m i t xasrlPPsr mva�tla.� m r n++sea a aWm+wa av®sm m Y aaa0 WTK V®.l �� P am++ W Iwo�N. au+ ma +PdAPiI a au Pmm�mam aaerm� .Irlmpl OalID M O. on rana memo m akl LANDSCAPE NOTES i. u wrn wnw wu � � rmora �m ww �coiraaor w w mmhw AV ILL wwmr IIo �ma+wM rao nmAwrr w � I�.w am .e ar mm o owuwn a run orume wu ■or r[ um a w r[rs m o.wwna Ap�wn. s r�o iwa m rn wam a uorrt /A IIM�Mr r! ODOI RrIwIOL fC11O1 w ML (1) r em r u®m r arrw m r W.a m wn�a OFF QC'. 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I I LOT 7 LOT 1 1 i i j I 1 I I C I I 1 \ y I I I I 1 1I II LOT 6 I « LOT 2 I •1 1� I I� � I 1 J] I ■ }�— = --- 3s>f 1 1 I i II II LOT 5 � ;�•�: I 1 I 1 LOT 3 -------------- 13 .prp,pp , I I I 1 I � I I 1 ---- I--owVwT«Osn\^Ip I LOT 4 I � j I � 1 "•• cri pppp I ! i 1 i I L — paupwl e• wol — — � ' 0: r ew�a�rer r +I�r�rllrwr r r r.r. r r.+r r.w Y,w,. r � + Yil�iiY.wrir i+irri�rrriwiri. +r r r.r rr r r+rrr..r.+r w w. r i rrr+.w+rrr• ��w�w, wr+rrr voov. •Yw YIr YYM�r rrrrurr+rm �e NF CS.i " $��,��YI�Yrr r w�. w�r.�rrr.rr. r vO •rrr Y�wy+mra rrr ME , S .. wow SSd.Ti rrrrr lrl ADRI4N9UBD1W910NFIR9TFII,ING Part Of The Northeast Quarter Of Section 9, Township 7 North, Range 69 West Of The 6th P.M., .raw}City Of Ft. Collins, County Of Iarimer, State Of Colorado ��T.. wTT3.Ti Fi waif ��ii.—�JI��-__`w -__ Me'wA�Wila➢i�rlY /n a2.4l NNHM1Vb � rrr saga ir3 r r r.rr L pi�' r�rrrrr rr rwr.wrr Y1w� erer+rMMrr.�jrw� a rw.�Lrr Y.rrrr+rr. r.rrrerr/ EMrryrrr. rr. •YrrrY r.+r •rrr r.r fir. rwiirr�,Y rrrrrrrrYrr Y.rrrr.+rr � rt ft -OMr1 rr •r1.1 Yr Apo •ra+rrr• r.wrYr Y rl_ •r Yr+rr+r w.wrw r, M INO Im fMl IDft In I.wO ICm M.w gl,lpr • O.tw �e 1f.R rlwle wlmr owrnnw s.wa m e.w ralu r.+w rem Iw.w • I el % i ; I , Ir I I I _11 � r W. EASEMENT DETAIL IN 0 aft �Fj-znl r _lop a6I1 01/03/2005 MON 10:43 FAX IM 011/011 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision October 18, 2004 Administrative Hearing Adrian PDP— #42-03A Date of Decision: November 1, 2004 Page 11 4. The Project Development Plan, upon adoption of the Alternative Compliance Plan relating to solar -oriented lots, complies with the applicable General Development Standards of Articles 3 of the LUC. DECISION The Adrian Subdivision, First Filing Project Development Plan - # 42-03A is hereby approved subject to the following condition of approval: The developer, at time of building permit application to the City of Fort Collins, must provide building elevations sufficient to convey information enabling City staff to determine if the structures comply with the requirements set forth in Section 3.5.1(8) Architectural Character and Section 3.5.1(C) Building Size, Height, Bulk, Mass, Scale of the City of Fort Collins Land Use Code. DATED THIS 18 DAY OF NOVEMBER, 2004. Linda C. Michow, Hearing Officer 01/03/2005 MON 10:43 FAX Q 010/011 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision October 18, 2004 Administrative Hearing Adrian PDP—#42-03A Date of Decision: November 1, 2004 Page 10 Division 3.6 - Transportation and Circulation The Staff Report indicates that the Adrian PDP'meets the standards and requirements set forth in Section 3.6.4, Transportation Level of Service Requirements. In particular, the evidence at the hearing revealed that the Project will provide adequate vehicular, pedestrian and bicycle facilities necessary to maintain the adopted transportation Level of Service standards contained in Part 11 of the City of Fort Collins Multi -Modal Transportation Level of Service Manual. As the Applicant testified, public sidewalks will be provided along the east side of North Impala Drive and the internal private drive in the development. In addition, the Project will provide interim pedestrian ways along North Impala Drive adjacent to Parcel B of the Adrian ODP and along the south side of West Vine Drive. Moreover, the addition of seven lots will not have a significant impact on existing traffic, as evidenced by the City's waiver of the requirement for a Transportation Impact study. No evidence was presented at the hearing to contradict these findings. Therefore, the Hearing Officer finds that this standard has been met. SUMMARY OF CONCLUSIONS The Hearing Officer's Findings and Conclusions are hereby summarized as follows: The POP has complied with and followed the applicable procedures set forth in Division 2.2 in terms of notice and type 1 administrative public hearing. 2. The seven single family detached residential lots proposed by the PDP are permitted in the Low Density Residential Zone District, subject to this Type 1 administrative review. 3. The PDP complies with the applicable Land Use and Development Standards of the Low Density Residential District, as codified in Article 4 of the LUC. --...... ---- mv., ay.sa rn lili 009/011 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision October 18, 2004 Administrative Hearing Adrian PDP— #42-03A Date of Decision: November 1, 2004 Page 9 The Hearing Officer understands the concerns of the neighboring property owners and their impression that the Project is not the "same" as what is already in the area. However, as Planning Staff noted at the hearing, "compatibility" does not mean "identical' or the "same;" rather, it means complementary or harmonizing. This standard of compatibility is especially hard to measure in the case of infill projects where existing development is older than what is being proposed. In such infill development cases, residential dwellings may appear larger in scale, massing and height, yet, in terms of an objective "compatibility" standard may be deemed compatible with the neighborhood. The individuals who testified against the height and density of the Project have suggested that the Project should contain a maximum of three to four lots with one story dwellings on each lot. Unfortunately, this request is not consistent with the criteria and standards set forth in the Land Use Code or the approved ODP. In terms of limiting the height of the dwellings, Section 4.4(E)(3) of the LUC allows building heights up to two stories in this Zone District and the ODP allows for one and two story dwellings. The PDP has set a maximum building height of 28 feet, which equates to one and one-half story dwellings. In terms of the density, the Project complies with the Land Use Standards of the Zone District and further complies with the ODP which was only recently approved. Based on the requirements of the LUC as well as the City's decision to approve the ODP for up to seven lots within Phase A of this Project, the Hearing Officer finds that the Project is technically compatible with the surrounding neighborhoods. Although this Project may not look the same as other residences in the area, the evidence presented at the hearing indicates it is compatible as that term is defined in the LUC. In order to ensure compatibility, the Staff Report includes a proposed condition of approval that states: The developer, at time of building permit application to the City of Fort Collins, must provide building elevations sufficient to convey information enabling City staff to determine if the structures comply with the requirements set forth in Section 3.5.1(B) Architectural Character and Section 3.5.1(C) Building Size, Height, Bulk, Mass, Scale of the City of Fort Collins LAND USE CODE. The Hearing Officer finds this condition of approval reasonable and sufficient to address the concerns of compatibility from an architectural standpoint. Ul/U01A000 AU14 1U:43 FAX IM 008/011 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision October 18, 2004 Administrative Hearing Adrian PDP— #42-03A Date of Decision: November 1, 2004 Page 8 The Staff Report indicates that the Adrian PDP satisfies all applicable Building and Project Compatibility standards contained in Section 3.5.1. According to the Staff Report: The proposed new single-family detached dwellings in the Adrian Subdivision, First Filing will be of a similar size and height to existing residential structures (single-family and two-family dwellings) in the area. Based on the size of the proposed lots (6,000 square feet to 7,000 square feet), the maximum square footage of the structures can range from 2,001 square feet to 2,350 square feet in size. They could be 1, 1.5. or 2 stories in height and, although most of the homes in the area are 1-story structures, there are existing single-family detached dwellings and two- family dwellings in subdivisions to the east and west of the Adrian property that are 1.5 and 2 stories high. Compatibility, as defined in section 5.1.2 of the LUC, means: the characteristics of different uses or activities or design which allow them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include height, scale, mass and bulk of structures. Other characteristics include pedestrian or vehicular traffic, circulation, access and parking impacts. Other important characteristics that affect compatibility are landscaping, lighting, noise, odor and architecture. Compatibility does not mean "the same as." Rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development. The Hearing Officer notes that one of the primary areas of concern of the adjacent and neighboring property owners expressed at the hearing was the lack of 'compatibility" between the Projects proposed dwellings and the existing residential neighborhoods that bonier it on all sides. In the eyes of the opponents, the proposed development is not compatible because the single family dwellings are proposed to be one and one and one-half (1.5) stories in height, when the surrounding homes are one story ranches. In addition, many testified that the private drive and small lots also contribute to the Project's incompatibility with the surrounding neighborhood. 01/03/2005 MON 10:43 FAX Q 007/011 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision October 18, 2004 Administrative Hearing Adrian PDP—#42-03A Date of Decision: November 1, 2004 Page 7 drive access easement to provide access for Lots 1-4. This type of arrangement, although not typical, is not prohibited by the LUC. Provided the access easement is perpetual and non -revocable, access to Lots 14 from a public street is achieved via the private drive easement. In addition, Section 3.6.2(L)(1)(b) of the LUC allows private drives to serve as primary access in single family developments to serve not more than four lots, provided that the drive is connected to only one street. The Project meets these criteria. Although numerous individuals testified in opposition to the private drive easement and its configuration, the Hearing Officer is required to apply the requirements and criteria in the LUC. There was also ample testimony at the hearing regarding the issue of storm drainage and the Projects impact on existing drainage problems associated with Impala Drive. According to the Applicant, the Project includes a 10,000 cubic foot detention pond which will allow run-off at less than historic rates. The run-off is designed to drain into Impala Drive, and in order to accommodate this drainage, the Applicant will also be required to improve Impala Drive adjacent to the site with curb, gutter and asphalt. The testimony from the Applicants engineer indicates that the Project's stormwater drainage will be adequately addressed through the detention pond and other improvements associated with the Project. Section 3.5.1. Building and Project Compatibility The purpose of Section 3.5.1 is to "ensure that the physical and operational characteristics of proposed buildings and uses are compatible when considered within the context of the surrounding area." Pursuant to Section 3.5.1(13): New developments in or adjacent to existing developed areas shall be compatible with the established architectural character of such areas by using a design that is complementary... Compatibility shall be achieved through techniques such as the repetition of roof lines, the use of similar proportions in building mass and outdoor spaces, similar relationships to the street, the use of building materials that have color shades and textures similar to those existing in the immediate area surrounding the proposed new development. V1i Vui LVVJ null 1V:4L rA MW006/011 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision October 18, 2004 Administrative Hearing Adrian PDP— #42-03A Date of Decision: November 1, 2004 Page 6 possible to make a "solar -oriented lot" front onto a north - south oriented street. The plan, as proposed, will accomplish the purpose of this section of the code better than a plan which complies with the standard. As an architect I have long been interested in both passive and active solar homes. Unfortunately, I have had few opportunities to actually design solar houses, though primarily due to the aesthetic issues that come with solar design. Most home owners object to the look of most active and some passive solar designs. It is for this reason that I believe that the best chance of accommodating solar design is to orient the sides of the houses to the south. This way the solar aspect of the house design is not on the primary facade of the house. I believe that this will result in a less objectionable front facade and in more buyers willing to entertain the possibility of a solar system. The Case Planner, Mr. OR, has recommended approval of the atemative site layout. As the Staff Report explains on page 7, "the site layout does provide a configuration that orients 3 to 4 of the 7 lots in a north - south direction (essentially, the front lot line being within 30 degrees of a true east - west line), thereby allowing houses on these lots to implement solar systems in a traditional manner. The applicant's request to design homes with the solar systems on the south sides of the structures presents an innovative approach and solution to a City purpose." Given the orientation of the Property to North Impala Drive and the provision for solar energy use on 3-4 lots, the Hearing Officer finds that the alternative site layout accomplishes the purposes of Section 3.2.3(B) equally or better than a plan which complies with the standards. Section 3.3 — Enalneerina Standards. The Staff Report indicates that the Project complies with the applicable Plat Standards set forth in Section 3.3.1. In particular, the evidence at the hearing revealed that the proposed plat for the Property will be in compliance with Section 3.3.1(A) General Provisions and Section 3.3.1(B), Lots. Of particular note is the Projects use of a private U1/U3/2005 RON 10:42 FAX 0 005/011 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision October 18, 2004 Administrative Hearing Adrian PDP— #42-03A Date of Decision: November 1, 2004 Page 5 (3) a comer lot with a south lot line oriented to within thirty (30) degrees of a true east -west line, which south lot line adjoins a public street or permanently reserved open space; provided, however, that the abutting street right-of-way or open space has a minimum north -south dimension of at least fifty (50) feet. For the purposes of this definition, "permanently reserved open space" shall include, without limitation, parks, cemeteries, golf courses and other similar outdoor recreation areas, drainage ditches and ponds, irrigation ditches and reservoirs, lakes, ponds, wetlands, open spaces reserved on plats for neighborhood use and other like and similar permanent open space. According to the Staff Report, none of the seven lots meet the intent of the LUC. In accordance with Section 3.2.3(E), the Applicant has requested approval of an aftemative site layout. The Hearing Officer is authorized to approve an aftemative site layout that may be substituted in whole or in part for a plan meeting the standards in this Section subject to the following review criteria: In approving an aftemative plan, the decision maker shall find that the proposed alternative plan accomplishes the purposes of this Section equally well or better than a plan which complies with the standards of this Section. In reviewing the proposed alternative plan, the decision maker shall take into account whether the aftemative design enhances neighborhood continuity and connectivity, fosters nonvehicular access, and preserves existing natural or topographic conditions on the site. In the Applicant's written request for aftemative compliance, the Applicant explains that: ...the development site has approximately 276 feet of frontage along Impala Drive. Impala Drive already exists and is a north - south oriented street. When lots front onto a north - south street, they naturally do not comply with the definition of a "solar -oriented lot" because the front lot lines orient to the east and west. In accordance with the definition of a "solar -oriented lot", except in the case of comer lots, it's simply not 01/03/2005 MON 10:42 FAX @ 004/011 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision October 18, 2004 Administrative Hearing Adrian PDP—#42-03A Date of Decision: November 1, 2004 Page 4 Section 3.2.1 — Landscanina and Tree Protection. The Staff Report explains that the PDP complies with Section 3.2.1, concerning Landscaping and Tree Protection. The Hearing Officer finds that the PDP meets this Section of the LUC. Section 3.2.2 - Access, Circulation and Parkina. The Staff Report indicates that the PDP satisfies applicable provisions of this Section. In particular, the Staff Report notes compliance with Section 3.2.2(C)(6) in that the Projects on -she pedestrian and bicycle circulation system is designed to provide for direct connections to major pedestrian and bicycle destinations such as Irish Elementary School that is located to the south and west of the Adrian Subdivision. There was no contrary evidence presented at the hearing; therefore, the Hearing Officer finds the Project in compliance with this Section. In addition, the PDP complies with the minimum parking requirements set forth in Section 3.2.2(K)(1)(c) in that there will be at least two on -site panting spaces for each of the seven single family detached dwellings. Section 3.2.3(B) Solar -Oriented Residential Lots. As stated in the Staff Report, the PDP does not satisfy the requirement set forth in Section 3.2.3(B) pertaining to solar -oriented residential .lots. Specifically, Section 3.2.3(B) requires that 65% of the lots within the Adrian PDP must conform to the definition of a solar -oriented lot in order to preserve the protection for solar energy use. Section 5.1 of the LUC defines a "solar -oriented lot" as: (1) a lot with a front lot line oriented to within thirty (30) degrees of a true east -west line. When the lot line abutting a street is curved, the "front lot line" shall mean the chord or straight line connecting the ends of the curve. For a flag lot, the "front lot line" shall mean the lot line that is most parallel to the closest street, excluding the "pole portion of the flag lot; or (2) a lot which, when a straight line is drawn from a point midway between the side lot lines at the required front yard setback to a point midway between the side lot lines at the required rear yard setback, is oriented to within thirty (30) degrees of true north along said line; or ul/U3/2005 RON 10:42 FAX 0 003/011 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision October 18, 2004 Administrative Hearing Adrian PDP— #42-03A Date of Decision: November 1, 2004 Page 3 1. The PDP Application has Satisfied and Followed the Applicable Procedural Requirements of Ardcle 2. The Hearing Officer finds that the Adrian Subdivision, Filing 1 PDP has compiled with and followed the applicable procedures set forth in Division 2.2 in terms of notice and type 1 administrative public hearing. There was no contrary evidence presented at the public hearing. 2. In accordance with Section 4.3(A) of the LUC, the main purpose of the RL - District is: intended for predominantly single-family residential areas located throughout the City which were existing at the time of adoption of this Land Use Code. The Hearing Officer finds that the Adrian PDP meets the purpose of the RL District in that it proposes a total of seven single-family dwellings within a predominately single- family residential area. The Hearing Officer further finds that the PDP complies with the Land Use Standards set forth in Section 4.3(D) in terms of density, minimum lot size and lot width. The Staff Report notes compliance with these sections and no testimony or evidence was introduced at the hearing to contradict such findings. 3. Plan. As the Staff Report indicates, the Adrian PDP complies with all but one of the General Development Standards contained in Article 3 of the LUC. To the extent the PDP does not comply with Section 3.2.3(B), the Applicant has submitted an akemative site layout pursuant to Section 3.2.3(E) of the LUC. U1/Vs/2UUb RUN 1U:42 FAX rM 002/011 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision October 18, 2004 Administrative Hearing Adrian PDP— #42-03A Date of Decision: November 1, 2004 Page 2 square feet in size and building height of one or two stories. One existing house is located within Parcel B. ZONE DISTRICT: The property is zoned RL - Low Density Residential. PUBLIC HEARING: The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 6:50 p.m. on October 18, 2004 in the City Council Chambers of the City of Fort Collins located at 300 LaPorte Avenue, Fort Collins, Colorado. NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established that the October 18, 2004 Type 1 administrative hearing was properly posted, legal notice mailed and notice published. RECORD OF HEARING: The Hearing Officer accepted into the record the following evidence: (1) Planning Department Staff Report; (2) Application, maps, plans, photographs, and other supporting documents submitted by the applicant and the applicants representatives; (3) written correspondence sent via email, U.S. mail and hand delivery from members of the public in opposition to the Project; (4) a Petition in opposition to the Adrian Overall Development Plan dated September, 2003; (5) sign -in sheet for public testimony; and (6) an audio tape of the administrative hearing. The City of Fort Collins Land Use Code ("LUC"), and the formally promulgated policies of the City, including the Priority Affordable Housing Needs and Strategies, Fort Collins, dated October 2003 as submitted by the Applicant/Owner, are made part of the evidence and record considered by the Hearing Officer. FINDINGS OF FACT Based on the evidence presented at the hearing, the Hearing Officer finds that the Adrian Subdivision First Filing PDP meets the applicable criteria and requirements of the LUC as discussed hereinbelow, subject to approval of an aftemative site layout to address the requirement for solar oriented lots as set forth in Section 3.2.3(B). In general, the Hearing Officer accepts the findings by City staff contained in the Staff Report. More specifically, the PDP meets the specific requirements of the LUC as summarized below: u1,U0/L000 AUN 1U:41 FAA 0001/011 City of Fort Collins Comm..ity Planning and Environmenta. ,ervices Current Planning CITY OF FORT COLLINS, COLORADO ADMINISTRATIVE HEARING OFFICER TYPE 1 ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS, AND DECISION ADMINISTRATIVE HEARING DATE: PROJECT: October 18, 2004 Adrian Subdivision, First Filing - Project Development Plan (PDP) - #42-03A APPLICANT: M. Torgerson Architects c/o Troy Jones 223 North College Avenue Fort Collins, Colorado 80524 OWNERS: William John & Julie K. Adrian Go M. Torgerson Architects 223 North College Avenue Fort Collins, Colorado 80524 ,HEARING OFFICER: SUMMARY OF DECISION: Linda Michow, Esq. Widner & Michow LLP 4600 S. Ulster Street, Ste. 700 Denver, Colorado 80237 Approval with conditions PROJECT DESCRIPTION AND PROCEDURE This PDP Application is a request for a total of seven (7) residential lots for development of single-family detached dwellings on 1.2 acres. The City has approved this Project as a qualified affordable housing project. The property is located at the southeast comer of West Vine Drive and North Impala Drive. This Project is part of an Overall Development Plan ("ODP') which was approved by the City of Fort Collins Planning and Zoning Board in September, 2004. As the Staff Report explains, the approved ODP is a two -phased project consisting of the following: Parcel A - Proposed single-family detached residential (no more than 7 residential lots) on 1.18 acres. Lots are required to be at least 6,000 square feet in size and building height of one or two stories. Parcel B - Existing and proposed single-family residential (no more that 2 residential lots) on 0.47 acre. Lots are required to be at least 6,000 au tvortn college Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020