Loading...
HomeMy WebLinkAboutRIVERBEND - PDP - 39-01 - DECISION - FINDINGS, CONCLUSIONS & DECISIONCity of Fort Collins Comm, Lty Planning and Environmenta. mvices Current Planning CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: PROJECT NAME: CASE NUMBER: APPLICANT: OWNER: HEARING OFFICER: PROJECT DESCRIPTION: June 26, 2003 Riverbend Project Development Plan #39-01 Hooraz, LLC c/o Vignette Studios 144 North Mason Street, Suite 2 Fort Collins, CO 80524 Hooraz, LLC 1218 West Ash, Suite A Windsor, CO 80550 Cameron Gloss Current Planning Director The Applicant has submitted a Project Development Plan (referred to herein as the "Project" or the "PDP") proposing 8 dwelling units within three buildings (one 4-plex and two 2-plexes). The buildings will be two stories, with a maximum of 28 feet in height, and will contain 3-bedroom units. A single point of access will be provided from Countryside Drive. The Planning and Zoning Board approved a modification to the standard requiring building orientation to a connecting walkway on September 5, 2003. A subdivision plat is part of the PDP application. SUMMARY OF HEARING OFFICER DECISION: Approval, with Conditions 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 1 w 7 bkA — e ' vlL,S Lt93 4 03 .� W So% CO_ f N. Z ZY %,ucza-� T WQXVOCAZZ 1S3• \.1. I-L04JALT,acI.l 4S4 — V`M R o e L;4,7/6 zz/- 533 Z 4?00 3 - Riverbend PDP Administrative Hearing Findings, Conclusions, and Decision June 26, 2003 Page 5 of 5 Transportation Level of Service Requirements Section 3.6 of the LUC imposes standards for all modes of transportation. The Staff Report indicates that the Project is in compliance with Section 3.6 of the LUC per the submitted Transportation Impact Study. SUMMARY OF CONCLUSIONS A. The Riverbend Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). B. The Riverbend Project Development Plan complies with all applicable district standards of Section 4.4 of the Land Use Code, (LMN) low density mixed use neighborhood zone district. C. The Riverbend Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code. DECISION The Riverbend Project Development Plan #39-01, is hereby approved by the Hearing Officer subject to the following condition: The Applicant shall revise the Riverbend Subdivision Plat prior to recordation reflecting the following changes: 1. Denote the language"Utility, Drainage, and Public Access Easement" for Tract A. 2. Eliminate reference to "Site Distance Easement Restrictions". 3. Modify the approval block to reference the Administrative Review process as opposed to the Planning and Zoning Board. 4. Correct all approval dates to the present year. Dated this 27th day of June 2003, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Cameron Glos Current Planning Director Riverbend PDP Administrative Hearing Findings, Conclusions, and Decision June 26, 2003 Page 4 of 5 Parking and Access. The staff report outlines the Project's compliance with Section 3.2.2 concerning access, circulation and parking. A total of 16 off-street parking spaces are required where a total of 21 off-street parking spaces are provided on the subject property. Landscaping covering 8% of the 5-car surface parking area and driveway circulation area is provided. There were comments raised at the hearing from a neighboring resident regarding the existing and proposed fence that lies in between the project and adjacent lots to the east, relative to design and materials. The applicant confirmed that an existing six (6) foot high chain link fence will remain and that a new six (6) foot high wood fence, meeting the City's standards, would be constructed next to the existing fence, approximately on the eastern property line of the development site. The development plan provides for a raised and enhanced pedestrian access area on both sides of the driveway, thereby satisfying the condition of Modification approval granted by the Planning and Zoning Board. Therefore, based on the evidence presented at the hearing, the Project complies with Section 3.2.2 of the LUC. Site Lighting Section 3.2.4 requires that exterior lighting will be evaluated to ensure that the functional and security needs of the development are met in a way that does not adversely affect the adjacent properties or neighborhood. Based on the submitted lighting plan, and testimony provided by the applicant at the hearing, the lighting standards of this section are met. Each of the individual residential units will have one porch light located near the unit entry. The proposed pole and fixture illuminating the private driveway has been designed with a fully shielded light source with a sharp cut-off feature that will minimize up -light, spill light, glare and unnecessary diffusion on adjacent properties. Building and Project Compatibility 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 building includes architectural details, building materials, forms, and colors that are similar or compatible with existing buildings in the area. Residential Building Standards As noted, the staff report outlines the modification to this standard granted by the Planning and Zoning Board. Riverbend PDP Administrative Hearing Findings, Conclusions, and Decision June 26, 2003 Page 3 of 5 FACTS AND FINDINGS 1. Site Context/Background Information The surrounding zoning and land uses are as follows: N: FA (Larimer Co.) — Country Gardens Nursery E: M1 (Larimer Co.) — Single family residential S: POL — Riverbend Ponds Natural Area W: C — Timberline Road, Riverbend Ponds Natural Area The property was annexed into the City as part of the Riverbend Third Annexation in August 2000. On September 5, 2002, the Planning and Zoning Board approved a modification to the standard set forth in Section 3.5.2 (C)(1) — Orientation to a Connecting Walkway of the Land Use Code. The Board placed a condition on the modification approval requiring that the enhanced pedestrian access area on both sides of the driveway be grade separated from the driveway. 2. Compliance with Article 4 and the LMN — Low Density Mixed Use Zoning District 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 two-family and multi -family residential uses are permitted within the LMN zone district subject to an administrative review. The proposed 8 dwelling units per acre equals the maximum density permitted in the zoning district. There was no direct testimony or evidence presented at the public hearing to contradict the Project's compliance with these standards. 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 as explained below. Landscaping and Tree Protection. The staff report outlines the Project's compliance with Section 3.2.1 concerning landscaping and tree protection and there was no evidence introduced at the hearing to contradict the Staff Report. Riverbend PDP Administrative Hearing Findings, Conclusions, and Decision June 26, 2003 Page 2 of 5 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 5:30 p.m. on June 26, 2003 in Conference Rooms C and D, 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 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. The following is a list of those who attended the meeting: From the City: Steve Olt, City Planner Susan Joy, Development Review Engineer From the Applicant: Terence C. Hoaglund, Vignette Studios Patricia Kroetch, North Star Design From the Public: Sharon Lauffer, 701 Eric Street Kim Petty, 703 Eric Street Written Comments: None.