HomeMy WebLinkAboutEAGLE CLIFFS - PDP - 22-02 - DECISION - FINDINGS, CONCLUSIONS & DECISIONEagle Cliffs Project Development Plan
Administrative Hearing
Findings, Conclusions, and Decision
October 3, 2002
Page 6 of 6
There was no evidence introduced at the hearing to contradict the Staff Report;
therefore, the Hearing Officer finds that the Subdivision is in conformance with
the applicable requirements found in Article 3 of the Land Use Code.
SUMMARY OF CONCLUSIONS
A. The Eagle Cliffs Project Development Plan is subject to administrative review
and the requirements of the Land Use Code (LUC).
B. The Eagle Cliffs Project Development Plan satisfies the development standards
of the LMN zoning district.
C. The Eagle Cliffs Project Development Plan complies with all applicable General
Development Standards contained in Article 3 of the Land Use Code.
DECISION
The Eagle Cliffs Project Development Plan, #22-02, is hereby approved by the Hearing
Officer.
Dated this 11th day of October 2002, per authority granted by Sections
1.4.9(E) and 2.1 of the Land Use Code.
ameron Glos
Current Plan ng Director
Eagle Cliffs Project Development Plan
Administrative Hearing
Findings, Conclusions, and Decision
October 3, 2002
Page 5 of 6
15 percent of the developed portion of the project encroaches into this setback.
This encroachment is permissible within the LUC, and has been accepted by the
Natural Resources Department. This area is to remain in a natural state, with
additional shrub and tree plantings added to help enhance the corridor.
Building and Project Compatibility. Section 3.5.1 of the LUC requires that new
developments be designed to be compatible with the established architectural
character of the area. Pursuant to this section, compatibility is achieved through
the use of relatively low buildings of both single and two stories, which
incorporate similar building roof lines, use of similar proportions in building mass,
and similar building materials. Although not a specific code requirement, the
applicant further testified at the hearing that site grading has been minimized in
order to lessen the impact to views toward the mountains. No testimony was
presented at the hearing to contradict this issue.
Residential Building Standards Per Section 3.5.2, building entrances for multi-
family residential would be located on the front and sides of the building. After
substantial discussion at the hearing, it was confirmed that the visual impact of
garage doors facing Lemay Avenue would be minimized given their location and
orientation relative to the street. The staff report and development plans clearly
indicate that all minimum building setbacks from property lines found in Section
3.5.2(D)(1) and (2) are met with the Project.
Transportation and Circulation. Section 3.6 of the LUC imposes standards for
street layout, design, traffic impacts, etc. The Staff Report indicates that the
project is in compliance with the City's adopted Master Street Plan and other
applicable portions of Section 3.6 of the LUC. A Transportation Impact Study was
submitted for the project. This study found that the Project would have a nominal
impact on the existing transportation facilities. All facilities will remain within the
LUC adopted Levels Of Service criteria.
Compact Urban Growth Standards. In order to discourage "leap -frog"
development, Section 3.7.2 of the LUC requires that development meet minimum
requirements of contiguity with existing urban development. With the overall site
100 percent contiguous to existing urban development, the Project is found to be
in compliance with this section.
Adequate Public Facilities
The staff report indicates that adequate public facilities for transportation, water,
wastewater, storm drainage, fire and emergency services, and electrical power
will be in place prior to the issuance of a building permit, or that adequate
security is posted for any such improvement not in place prior to the issuance of
a building permit.
Eagle Cliffs Project Development Plan
Administrative Hearing
Findings, Conclusions, and Decision
October 3, 2002
Page 4 of 6
Access, Circulation and Parking. The staff report outlines the project's
conformance with Section 3.2.2 concerning access, circulation and parking.
Solar Access, Orientation, Shading. The staff report identifies that all proposed
buildings may not cast a shadow during the times specified in the LUC.
Site Lighting. The staff report identifies that all lighting must comply with both on
and off -site lighting standards within the LUC.
There was no evidence introduced at the hearing to contradict the Staff Report;
therefore, the Hearing Officer finds that the project is in compliance with Section
3.2.2.
Plat Standards. The staff report indicates the Project's conformance with Section
3.3.1 concerning the subdivision plat standards.
Development Improvements. Section 3.3.2 of the LUC applies to this project due
to the requirement that public improvements will be constructed. According to the
staff report, the applicant will be required to execute a development agreement
detailing the improvements required by the applicant as part of the building
permit process, and the timing of installation of such improvements.
Engineering Design Standards. The PDP has been reviewed pursuant to the
adopted design standards in place for water, sewer, storm drainage, electric,
walkways and streets which will serve this development and found to be in
compliance with Section 3.3.5.
Testimony was offered, primarily in the form of questions to the staff and
applicant, about the Project's compliance with the City's stomwater design
standards. Based on testimony from the City's stormwater utility department and
the consulting Professional Engineer, the City has been sensitive to the potential
impacts of this project onto the Fossil Creek drainage and surrounding areas,
and that the Applicant has followed every step required by the City.
Therefore, based on evidence presented at the hearing, the Project complies
with Section 3.3.3 of the LUC.
Natural Habitats and Features. Section 3.4.1 of the LUC applies to this project
because the property is adjacent to Fossil Creek, which is considered a natural
feature. According to the staff report, in order to be in compliance with this
section, development must be directed away from Fossil Creek, and impacts
minimized through buffer zones. The site plan indicates that a 100-foot setback
has been provided from the bank of Fossil Creek into the development and that
Eagle Cliffs Project Development Plan
Administrative Hearing
Findings, Conclusions, and Decision
October 3, 2002
Page 3 of 6
Written Comments:
None
FACTS AND FINDINGS
1. Site Context
The surrounding zoning and land uses are as follows:
N:
RL — Single Family Residential
S:
POL — Fossil Creek Park
E:
RL — Single Family Residential
W:
POL — Undeveloped Land
The property was annexed in 1981 as part of the Huntington Views Annexation.
2. Compliance with Article 4 and the LMN Zoning District Standards:
The Project Development Plan complies with all applicable requirements of
Article 4 and the requirements of the LMN Zone district. The staff report
summarizes the PDP's compliance with these standards. In particular, the
density of the PDP, 4 units per gross acre, is less than the permitted density of 8
units peracre. See Section 4.4(D)(1)(b) of the LUC. With a total of 2.6 acres of
land dedicated to natural area features, including the Fossil Creek corridor and
floodplain, and bicycle and pedestrian connections from the multi -family
buildings, the Project has a net density of 5.3 units per acre which is greater than
the minimum required density of 5 units per acre under Section 4.4(D)(1)(a).
According to the staff report, the Project is also in conformance with Section 4.4
(E)(3), which allows for a maximum building height of two and one-half stories.
3. Compliance with Article 3 of the Land Use Code — General Development
Standards
The Project Development Plan complies with all of the applicable requirements of
Article 3, as explained below.
Landscaping and Tree Protection. The staff report outlines the Project's
conformance with Section 3.2.1 concerning landscaping and tree protection and
there was no evidence introduced at the hearing to contradict the Staff Report.
Eagle Cliffs Project Development Plan
Administrative Hearing
Findings, Conclusions, and Decision
October 3, 2002
Page 2 of 6
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.
The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the
hearing at approximately 6:20 PM on October 3, 2002 in the City Council Chambers at
300 W. Laporte 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:
Bob Barkeen, City Planner
Wes Lamarque, Stormwater Engineer
Katie Moore, Development Review Engineer
From the Applicant:
Rachel Linder, VF Ripley Associates
Frank Vaught, Vaught Frye Architects
Mike Oberlander, Engineer
Chuck McNeal
Javier Martinez -Campos
From the Public:
Marsha Miles, 1124 Muirfield Way
Gerald and Elaine Weiss, 5630 Wingfoot Drive
Ken Heisler, 1119 Doral Place
Don Wilson, 950 Southridge Greens, Unit 21
Carma Johnson, 1136 Muirfield Way
Community Planning and Environmentai _,I-rvices
Current Planning
City of Fort Collins
CITY OF FORT COLLINS
ADMINISTRATIVE HEARING OFFICER
TYPE I ADMINISTRATIVE HEARING
FINDINGS, CONCLUSIONS AND DECISION
ADMINISTRATIVE HEARING DATE: October 3, 2002
PROJECT NAME:
CASE NUMBER:
APPLICANT:
OWNER:
HEARING OFFICER:
PROJECT DESCRIPTION:
Eagle Cliffs Project Development Plan
#22-02
VF Ripley Associates, Inc.
401 West Mountain Ave.
Fort Collins, CO. 80521
Eagle Cliffs, LLC
2655 Midpoint Drive
Fort Collins, CO 80525
Cameron Gloss
Current Planning Director
The Applicant has submitted a request for 41 residential units on 10.3 acres. The
project includes 23 - detached single family residences and 18 - multi -family units
arranged within three buildings, six units in each. Lot sizes for the single-family
residential range from 4,900 sq.ft. to just over 12,700 sq.ft. The lots will be accessed
from an internal street network, which will be provided from South Ridge Greens
Boulevard. The site is directly adjacent to Fossil Creek along its southern boundary.
Fossil Creek Park is south of the site, across from Fossil Creek.
SUMMARY OF HEARING OFFICER DECISION: Approval
ZONING DISTRICT: LMN — Low Density Mixed -Use Neighborhood District.
STAFF RECOMMENDATION: Approval
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020