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Home My WebLink AboutSANCTUARY WEST - PDP - 30-07 - DECISION - FINDINGS, CONCLUSIONS & DECISIONProject: Meeth Date: PLEASE PRINT CLEARLY Address s --- Zip -------- Phone Email receive a copy of meeting summary X11 PH IIL1?9 T t 7S �' bEA"J)Zi: F ci � 3"} SIZ-IYO-2/G z "I , SO �/ 3a3-7z/-9o�f' 1SduT,Ai/�e Coryl�sr, .v ,� 4, aZJ m 03 - 333 -1 i os d lr �I 3c d�e nvc� Grp (2A� bs 32 rsh by z� svr AV M I. LGiTV-Aw'rt"l Vii ,'{BUG Project: Meetii Date: PLEASE PRINT CLEARLY fir," ' I✓'rk _. ffia� receive a copy of meeting �; . Address Zip Phone Email summary- y '�- `�J .�'!/�/1,' �� Sir% G.L�iTJ✓� :. v14t. �n rah PSZ - M l�lal! face ! Ii1 Ca t 1 99. L —C r-V" S R C e t t k qe—( $ (e ;Ck0 T t l. COM �o� ✓ 'J.1r,�. dS .(% n ��r7� 495� 1/042 3N el) :1z5 /113V-4c4.lk/W 2(51y. IirCV,.rs i e Lo, (. LCi qe 4Z A\\t . j `?? -0. rC/ �J;Klz cwd �6ir- COI > > r —0 7 l Project: Meetii Date: PLEASE PRINT CLEARLY Name Address Zip' Phone -- Email � to receive a copy of meeting summary J r _ Z Z( . L->.l C v / j L ,J i�I Yl U �1� GN �Wte7.J �t"'� � ,lv % �% i pci ,e ! �0�3L' r1 T e,� {iJ � �Yl UCii'.Yrs/ irl. rri.,• C Lvi, deb 1 ,�EAJ Gui=FE✓ '4Ore I /-IA50A.) S`,REET 805AAL( % -cl1 -15 iC� w, � ti Nor 31( N h, i UY =1 3 �Co�S f C� t' Q I fY1 nfs� �irl'li�iiLn 32c ,L Zit G. fir. DS I �Lzq-- 3563 zz( L • & P&A4 PJ Vs 80-52 960, 903o DSE64)I 6� M- w . CbM Stevee Olt - AmendedSanctuaryDECISION1A.doc Page 9 The Sanctuary West PDP #30-07 is hereby approved by the Hearing Officer. Dated July 10, 2008 per authority granted by Sections 1.49(#) and 2.1 of the Land Use Code. Richard V. Lopez Richard V. Lopez Hearing Officer i Steve Olt - AmendedSanctuaryDECISIONlA.doc Page 8 A. The Sanctuary West, PDP contains uses permitted in the LMN B Low Density Mixed -Use Neighborhood Zoning District, subject to an administrative review and public hearing. B. The Sanctuary West, PDP meets all applicable standards as put forth in ARTICLE 3 - GENERAL DEVELOPMENT STANDARDS of the LUC, including Division 3.2 - Site Planning and Design Standards; Division 3.3 - Engineering Standards; Division 3.4 - Environmental, Natural, and Cultural; Division 3.5 - Building Standards; and, Section 3.6 - Transportation and Circulation. C. The two exceptions approved by the Hearing Officer are as follows: (1) The standard located in Section 3.5.2( c)(1) - Orientation to a Connecting Walkway. Although several dwellings have entrances greater than 200 feet from a street sidewalk, the preferred plan would not be detrimental to the public good and would promote the general purpose of the standard for which the modification is requested. (2) The standard located in Section 3.6.3(F) - Utilization and Provision of Sub - Arterial Street Connections to and from Adjacent Developments and Developable Parcels. The storm water drainage channel and easement adjacent to the Green Acres Subdivision on the north side of the site creates a barrier to any connections to the local streets north of the proposed development. The proposed multiple pedestrian connections to Webb Avenue, Irish Drive and North Impala Drive Way in lieu of street connections are approved. D. The Sanctuary West, PDP complies with all applicable Land Use and Development Standards contained in ARTICLE 4 - DISTRICTS, Division 4.5 Low Density Mixed -Use Neighborhood of the LUC. DECISION The Hearing Officer hereby enters the following rulings: 1. The Sanctuary West PDP # 30-07 request for Modification of the standard in Section 3.5.2( c)(1) of the Land Use Code is hereby approved by the Hearing Officer. 2. The Sanctuary West PDP #30-07 request for approval of the alternative compliance plan to the standard in Section 3.6.3(F) of the Land Use Code is hereby approved by the Hearing Officer. M. Steve Olt - AmendedSanctuaryDECISION1A.doc Page 7 during the site visit. One alternative would be to provide street connections to Impala Drive, Irish Drive and Webb Avenue. This would require building three bridge crossings. This alternative has a number of drawbacks, including the encroachment on the drainage channel impacting the flows, and significant regrading that would severely impact existing residents. Another alternative plan that was discussed would -have provided a cul-de-sac be built at the southern most point of each street. This alternative was eliminated due to the potential impact to the home owners in the immediate vicinity of the cul-de-sac. The Hearing Officer finds that the proposed alternative plan contains the following merits: (1) The alternative design minimizes the impact on natural areas and features. Providing a connection to the three streets would significantly encroach upon what has become an open space feature valued by the existing neighbors, as expressed at the neighborhood meeting. (2) The alternative design fosters non -vehicular access by formalizing existing informal footpaths that most likely are used by school age children attending either Irish Elementary or Poudre High schools. (3) The alternative design does not result in development traffic exceeding level of service standards, as shown by the traffic study submitted with the Project Development Plan. (4) The alternative design does enhance neighborhood continuity and connectivity by providing ADA compatible pedestrian connections that have been established by years of pedestrian traffic. The Hearing Officer finds that the proposed alternative plan accomplishes the purposes of this Section equally well than a plan which complies with the standards of this Section, and that the alternative design enhances neighborhood continuity and connectivity, especially fosters nonvehicular access, while preserving the existing natural or topographic conditions on the site. The Hearing Officer therefore approves the alternative plan. SUMMARY The Hearing Officer based upon a review to the Staff evaluation, the testimonies of the public hearing participants and being fully apprised in this matter herein adopts the following findings of fact: 7 Steve Olt - AmendedSanctuaryDECISION1A.doc Page 6 Exception number 2. Section 3.6.3. Street Pattern and Connectivity Standards The proposal does not satisfy the requirement set forth in Section 3.6.3F dealing with utilization and provision of sub -arterial street connections to and from adjacent developments and developable parcels. The plan as submitted does not fully satisfy this section of the LUC. The applicant is proposing multiple pedestrian connections from Barton Drive to the three local streets in the Green Acres Subdivision in lieu of street connections. The applicant has submitted an alternative compliance request for review. The Hearing Officer is authorized to approve an alternative site layout that may be substituted in whole or in part for a plan meeting the standards in this Section. The Review Criteria is as follows: In approving an alternative plan, the Hearing Officer must 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. The Hearing Officer shall take into account whether the alternative design enhances neighborhood continuity and connectivity, fosters nonvehicular access, and preserves existing natural or topographic conditions on the site. Situation: Sanctuary West is an infill project located on the north side of LaPorte Avenue in the 2200 B 2400 block. There is a storm water drainage channel and easement adjacent to the Green Acres Subdivision on the north side of the site (see attached site plan). This east -west channel is over 100 feet wide by 970 feet long and up to 13 feet deep, while the north -south channel is 110 feet by 800 feet long. A new third storm water channel will extend from Laporte Avenue and will connect to the existing north -south channel as a City required improvement in the West Vine Basin Master Plan. Typically, a connection to Impala Drive, Irish Drive and Webb Avenue would be provided. There are a number of informal footpaths crossing the drainage channel, most likely used by school age children attending either Irish Elementary or Poudre High schools. Proposed Alternative Plan: The developer and design team met on site with City of Fort Collins Planning and Engineering staff. Based on the staff recommendations from the site visit, the proposed alternative plan does not extend connection to Impala Drive, Irish Drive or Webb Avenue. A pedestrian connection is provided to each of these public streets, routed along the north side of the drainage channel, connecting to the proposed extension of the Soldier Creek trail. Other Alternatives: Two alternatives to the proposed plan were reviewed with the staff Steve Olt - AmendedSanctuaryDECISIOWA.doc Page 5 on both sides of Barton Drive at the west end of the development are a distance of 270 to 400 feet from a street sidewalk and, therefore, do not satisfy this requirement. The applicant has submitted a request for a modification of this standard. As specified in Section 2.8.2 Modification Review Procedures, (H) (Standards), a modification of standards may be approved only if the Hearing Officer finds that the granting of the modification would not be detrimental to the public good, and that: (1) The plan as submitted will promote the general purpose of the standard for which the modification is requested equally well or better than would a plan which complies with the standard for which a modification is requested; or (2) The granting of a modification from the strict application of any standard would, without impairing the intent and purpose of this Land Use Code, substantially alleviate an existing, defined and described problem of city-wide concern or would result in a substantial benefit to the city by reason of the fact that the proposed project would substantially address an important community need specifically and expressly defined and described in the City's Comprehensive Plan or in an adopted policy, ordinance or resolution of the City Council, and the strict application of such a standard would render the project practically infeasible; or (3) By reason of exceptional physical conditions or other extraordinary and exceptional situations, unique to such property, including, but not limited to, physical conditions such as exceptional narrowness, shallowness or topography, or physical conditions which hinder the owner's ability to install a solar energy system, the strict application of the standard sought to be modified would result in unusual and exceptional practical difficulties, or exceptional or undue hardship upon the owner of such property, provided that such difficulties or hardship are not caused by the act or omission of the applicant; or (4) The plan as submitted will not diverge from the standards of the Land Use Code that are authorized by this Division to be modified except in a nominal, inconsequential way when considered from the perspective of the entire development plan, and will continue to advance the purposes of the Land Use Code as contained in Section 1.2.2. The Hearing Officer finds that the applicant has proposed that the modification of the standard would not be detrimental to the public good and that it meets the requirements of Sections 2.8.2(H)(1) of the LUC. Only six duplex lots fail to meet this requirement out of 112 lots. The overall site design essentially complies with most goals including solar orientation and promotion of pedestrian movement. Therefore, the Hearing Officer approves this modification of this standard. 5 li Steve Olt - AmendedSanctuaryDECISION1A.doc Page 4 Section 2.2.2. Step 2. Neighborhood Meetings. The proposed development is for single-family detached and two-family dwellings, which are permitted uses in the LMN - Medium Density Mixed -Use Neighborhood District, subject to an administrative (Type 1) review. The LUC does not require that a neighborhood meeting be held for development proposals that are subject to an administrative review. There was, however, a City -sponsored and facilitated neighborhood information meeting held on August 15, 2007 for the Sanctuary West, PDP development proposal. The meeting was held at the City Hall in the City Council chambers. There were approximately 50 residents in attendance. A copy of the notes recorded at the meeting is part of the record and this decision. 3. ARTICLE 3 - GENERAL DEVELOPMENT STANDARDS The Sanctuary West, PDP development proposal meets the applicable standards in ARTICLE 3 - GENERAL DEVELOPMENT STANDARDS of the LUC with only two exceptions described below. The Hearing Officer herein adopts the Staff memorandum and incorporates same. The Hearing Officer finds that the proposal complies with the following: A. Division 3.2 - Site Planning and Design Standards Section 3.2.1. Landscaping and Tree Protection Section 3.2.2. Access, Circulation and Parking Section 3.2.2( c)(6) On -site pedestrian and bicycle circulation system Section 3.2.2(K)(1) Required parking requirements for residential land uses Section 3.2.1(D)(2)(a) B Street Trees Division 3.3 - Engineering Standards Division 3.4 - Environmental, Natural, and Cultural Division 3.5 - Building Standards; and, Division 3.6 - Transportation and Circulation. B. Modification to Development Requirements Exception number 1. Section 3.5.2( c)(1) Orientation to a Connecting Walkway The proposal does not fully satisfy the requirement that every front facade with a primary entrance to a dwelling unit shall face a connecting walkway with no primary entrance more than 200 feet from a street sidewalk. Several two-family dwelling units 4 rSteve Olt - AmendedSanctuaryDECISION1A.doc Page 3 The two exceptions that are the primary issues in this decision concern the following: 1. The standard located in Section 3.5.2( c)(1) - Orientation to a Connecting Walkway. The plan as submitted does not satisfy this section of the LUC. The applicant submitted a request for a modification of the standard for review. 2. The standard located in Section 3.6.3(F) — Utilization and Provision of Sub - Arterial Street Connections to and from Adjacent Developments and Developable Parcels. The plan as submitted does not fully satisfy this section of the LUC. The applicant is proposing pedestrian connections to the local streets Webb Avenue, Irish Drive and North Impala Drive Way in lieu of street connections. The applicant submitted an alternative compliance request for review. C. The Sanctuary West, PDP complies with all other applicable Land Use and Development Standards contained in ARTICLE 4 - DISTRICTS, Division 4.5 Low Density Mixed -Use Neighborhood of the LUC. Compatibility with Surrounding Uses. The evidence and testimony established that the proposed residential uses are compatible with the surrounding areas. The predominant residential uses in the area will continue and are detailed below. The surrounding zoning and land uses are as follows: N: LMN in the City, FA in Larimer County; existing single-family residential, partially undeveloped properties S: RL, LMN in the City;existing multi -family residential, Poudre R-1 School District facilities E: LMN in the City, FA in Larimer County; existing single-family residential, partially undeveloped properties W: FA in Larimer County; existing single-family residential, Poudre R-1 School District facility The property was annexed into the City as the Vine B LaPorte B Taft Annexation on September 7, 1982. To date there has been no subdivision or development activity, other than the construction of a regional detention pond, on the property. 2. ARTICLE 2 - ADMINISTRATION 3 Steve Olt - AmendedSanctuaryDECI SION 1 A.doc Page 2 notice published. PUBLIC HEARING: The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 5:30 p.m. on June 26, 2008, in the Community Room, 215 North Mason Street, Fort Collins, Colorado. 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 applicants' representatives to the City of Fort Collins; (3) public testimony provided during the hearing and documents submitted the citizens. The Land Use Code, the City's Comprehensive Plan (City Plan) and the formally promulgated polices of the City are all considered part of the evidence considered by the Hearing Officer. The following persons attended the hearing: From the City: Steve Olt, City of Fort Collins Susan Joy, Engineering Department, City of Fort Collins From the Applicant: Bill Veio, Solitaire Homes LLC Ben Guffey, Vignette Studios Terrance Hoaglund, Vignette Studios Jim Loonan, engineer From the Public Approximately 26 citizens attended the hearing. A copy of the sign in sheet is attached hereto. FACTS AND FINDINGS A. The Sanctuary West, PDP contains uses permitted in the LMN B Low Density Mixed -Use Neighborhood Zoning District, subject to an administrative review and public hearing. B. The Sanctuary West, PDP meets all applicable standards as put forth in ARTICLE 3 - GENERAL DEVELOPMENT STANDARDS of the LUC, including Division 3.2 - Site Planning and Design Standards; Division 3.3 - Engineering Standards; Division 3.4 - Environmental, Natural, and Cultural; Division 3.5 - Building Standards; and, Section 3.6 - Transportation and Circulation. E Sieve blt - AmendedSanctuaryDECISION1A.doc Page 1 CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE 1 ADMINISTRATIVE HEARING AMENDED FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: June 26, 2008 PROJECT NAME: Sanctuary West CASE NUMBER: P.D.P. # 30-07A APPLICANT: Vignette Studios c/o Terence Hoaglund 144 North Mason Street, Suite 2 Fort Collins, CO. 80521 OWNER: Solitaire Homes LLC A Colorado Limited Liability Company 6645 East Heritage Place South Centennial. CO 80111 HEARING OFFICER: Richard V. Lopez PROJECT DESCRIPTION: This is a request for a total of 112 dwelling units (single-family detached and two- family dwellings) on 26.62 gross acres (18.45 net acres). The maximum building heights will be 2.5 stories. The property is located north and west of the LaPorte Avenue & North Taft Hill Road intersection and the development will be accessed from two (2) points on LaPorte Avenue. The property is zoned LMN - Low Density Mixed -Use Neighborhood. The allowable minimum net density (5 dwelling units per acre) and maximum gross density (8 dwelling units per acre) in this zoning district will be met with this development plan. SUMMARY OF HEARING OFFICER DECISION: Approval ZONING DISTRICT: LMN B Low Density Mixed -Use Neighborhood Zoning District NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established the fact that the hearing was properly posted, legal notices mailed and