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HomeMy WebLinkAboutRIGDEN FARM, THE COLONY - PDP - 56-98AC - DECISION - FINDINGS, CONCLUSIONS & DECISION�-�-a- �o� Rigden Farm 12`h Filing, The Colony, PDP (#56-98AC) Administrative Hearing Findings, Conclusions, and Decision September 27, 2005 Page 9 SUMMARY OF CONCLUSIONS The Rigden Farm 12t' Filing, The Colony, Project Development Plan complies with the applicable requirements of the Land Use Code (LUC), more specifically: A. The process located in Division 2.2 - Common Development Review Procedures for Development Applications of ARTICLE 2 - ADMINISTRATION; B. The standards located in Division 3.2 - Site Planning and Design Standards, Division 3.3 — Engineering Standards, Division 3.5 - Building Standards, and Division 3.6 — Transportation and Circulation of ARTICLE 3 - GENERAL DEVELOPMENT STANDARDS; and C. the proposed multi -family dwellings are permitted in Division 4.5 Medium Density Mixed -Use Neighborhood District (MMN) of ARTICLE 4 — DISTRICTS, subject to an administrative review. DECISION The Rigden Farm 12t' Filing, The Colony, PDP, #56-98AC, is hereby approved by the Hearing Officer without condition. Dated this 27th day of September, 2005, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. r Interim Director of Cu Rigden Farm 12`h Filing, The Colony, PDP (#56-98AC) Administrative Hearing Findings, Conclusions, and Decision September 27, 2005 Page 8 This District is intended to function together with surrounding low density neighborhoods (typically the LMN zone district) and a central commercial core (typically a NC or CC zone district). The intent is for the component zone districts to form an integral, town -like pattern of development, and not merely a series of individual development projects in separate zone districts. This proposal complies with the purpose of the MMN - District as it is an infill project that provides multi -family dwellings (in two 24-plex buildings) on a property that is surrounded by developed properties and undeveloped properties. There is existing multi -family residential to the east and south. The property to the north is undeveloped and unplanned. The property to the west is undeveloped; however, it is planned for multi -family residential (Rigden Farm, 11th Filing, Brooklyn Park Rowhouses). Section 4.5(D) Land Use Standards The proposal satisfies the applicable land use standards in the MMN — Medium Density Mixed -Use Neighborhood Zoning District as follows: Section 4.5(D) (1) Density. The Rigden Farm 12th Filing, The Colony, PDP development proposal is for 48 residential dwelling units on a property that is 2.60 acres (gross & net) in size. The gross & net residential density is 18.5 dwelling units per acre. The MMN District has a minimum density requirement of 12 dwelling units per net acre of residential land. The project is considered to be in compliance with this standard. Section 4.5(E) Development Standards The proposal satisfies the applicable development standards in the MMN — Medium Density Mixed -Use Neighborhood Zoning District. The weight of the evidence established that the project complies with the applicable development standards including land use and density standards for the MMN Zone. Rigden Farm 12t' Filing, The Colony, PDP (#56-98AC) Administrative Hearing Findings, Conclusions, and Decision September 27, 2005 Page 7 Section 3.6.2. Streets, Streetscapes, Alleys and Easements The proposal satisfies the applicable standards located in this section of the LUC. Section 3.6.4. Transportation Level of Service Requirements The proposal satisfies the applicable Transportation Level of Service standards (see the attached Traffic Impact Study), including the following: General Standard. This development proposal satisfies Section 3.6.4(8), which requires that all development plans adequately provide vehicular, pedestrian and bicycle facilities necessary to maintain the adopted transportation Level of Service standards contained in Part II of the City of Fort Collins Multi -Modal Transportation Level of Service Manual for the following modes of travel: Motor vehicle, bicycle and pedestrian. Based on the Staff Report and the evidence taken at the hearing, the Hearing Officer finds that the project development plan complies with the applicable sections of Article 3, Divisions 3.2, 3.3, 3.4, 3.5, and 3.6 of the Land Use Code. It was noted during the Hearing that the Applicant should coordinate landscape tree installation with the adjacent project to the west in order to establish sufficient planting buffer between the two parking lots of both projects and buildings on either side. Clarification of the type and scope of the approved retaining wall along a portion of the west property line was also noted during the Hearing. These two points are not conditions of approval of this project development plan. 4. Compliance with Article 4.5 — Medium Density Mixed -Use Neighborhood District Multi -family dwellings (residential uses) are permitted in the MMN — Medium Density Mixed - Use Neighborhood Zoning District, subject to an administrative (Type 1) review. The MMN - District is: The MMN District is intended to be a setting for concentrated housing within easy walking distance of transit and a commercial district. Secondarily, a neighborhood may also contain other moderate -intensity complementary and supporting land uses that serve the neighborhood. These neighborhoods will form a transition and a link between surrounding neighborhoods and the commercial core with a unifying pattern of streets and blocks. Buildings, streets, bike and walking paths, open spaces and parks will be configured to create an inviting and convenient living environment. Rigden Farm 12`" Filing, The Colony, PDP (#56-98AC) Administrative Hearing Findings, Conclusions, and Decision September 27, 2005 Page 6 The proposal satisfies all applicable Building and Project Compatibility standards, more specifically: Architectural Character. The proposed residential buildings will be similar in height (ranging from 35' to 40') to the existing and proposed residential buildings in areas in close proximity to this development. They will reflect the proportions and roofline articulation of those existing buildings. The roofs will be sloped, with significant cornice features on the flat roofs. The living spaces will be on 3 stories. Building Size, Height, Bulk, Mass, Scale. The proposed buildings will be similar in height and massing to the existing residential buildings in the area. The massing of the building fronts will be broken up with substantial wall plane variations, windows, and varying roofline directions and heights. Building materials. The proposed structures will consist of the following building materials: • The siding materials for the buildings will consist of cementitous 7" lap hardboard siding and synthetic stone veneer. • The roofing material will be a composite shingle. • The colors for the siding and roofing materials will be determined with the Final Plans. These materials comply with the standard in Section 3.5.1(E) (1), which states: Building materials shall either be similar to the materials already being used in the neighborhood, or, if dissimilar materials are being proposed, other characteristics such as scale and proportions, form, architectural detailing, color and texture shall be utilized to ensure that enough similarity exists for the building to be compatible, despite the differences in materials. Section 3.5.2. Residential Building Standards The Rigden Farm 12t' Filing, The Colony, PDP satisfies all Relationship of Dwellings to Streets and Parking standards. The primary entries to the buildings face either Kansas Drive, with direct pedestrian connections to a public sidewalk, or sidewalks with direct connections to the public sidewalk along Custer Drive. Therefore, this proposal satisfies the requirements set forth in Section 3.5.2(C). D. Division 3.6 - Transportation and Circulation Rigden Farm 12t' Filing, The Colony, PDP (#56-98AC) Administrative Hearing Findings, Conclusions, and Decision September 27, 2005 Page 5 street parking is allowed for the multi -family residential, per Section 3.2.2(K) (1) (b)• • There will be 4 handicapped parking spaces as part of the total of 89 spaces, satisfying the requirement set forth in Section 3.2.2(K) (5) (d). • Section 3.2.2(K) (1) sets forth minimum parking requirements for residential land uses. The minimum parking required for the project is as follows: 63 spaces for the proposed 36 2-bedroom dwelling units, at 1.75 spaces per 2-bedroom unit. 24 spaces for the proposed 12 3-bedroom dwelling units, at 2.00 spaces per 3-bedroom unit. The minimum handicapped accessible parking required for the project is 4 spaces, at 1 space for 76 to 100 total spaces in the development. Staff finds that the parking to be provided meets the minimum requirements of the LUC for the proposed multi -family residential use in the development. Setbacks. The development proposal satisfies the requirement set forth in Section 3.2.2(J) with regards to the minimum 5' landscaped setback area along a lot line adjacent to any vehicular use area. The Landscape Plan shows a landscaped setback area between the driveway / parking areas and the south and east property lines that are 5'-0" in width. There will be a 6' high wood fence'along both these property lines. Direct vehicular access to the residential buildings is from one curb cut on each side of Kansas Drive, near the south property line of the development, into the parking lots for Buildings A & B. B. Division 3.3 - Engineering Standards Section 3.3.1. Plat Standards The proposal complies with the general plat requirements as set forth in this section. Section 3.3.5. Engineering Design Standards The project complies with all design standards, requirements and specifications for services as stated in this section of the LUC. C. Division 3.5 - Building Standards Section 3.5.1. Building and Project Compatibility Rigden Farm 12`h Filing, The Colony, PDP (#56-98AC) Administrative Hearing Findings, Conclusions, and Decision September 27, 2005 Page 4 3. Compliance with Article 3 of the Land Use Code — General Development Standards: The Rigden Farm 12th Filing, The Colony, PDP development proposal meets all of the applicable standards in ARTICLE 3 - GENERAL DEVELOPMENT STANDARDS of the LUC. Of specific note are Division 3.2 - Site Planning and Design Standards, Division 3.3 — Engineering Standards, Division 3.5 - Building Standards, and Division 3.6 - Transportation and Circulation. Further discussions of these particular standards follow. A. Division 3.2 - Site Planning and Design Standards Section 3.2.1. Landscaping and Tree Protection The proposal satisfies the applicable Landscaping and Tree Protection standards, including the following: Street trees. The proposed street tree planting is in accordance with Section 3.2.1(D)(2)(a), providing shade trees at 30' to 35' on -center in the 6' wide parkway (between curb and sidewalk) on both sides of Kansas Drive, a local street, and street trees at 30' to 35' on -center in the 7' wide parkway along the south side of Custer Drive. Parking lot landscaping - perimeter. Perimeter parking lot landscaping for this project is in accordance with the standards set forth in Section 3.2.1(E)(4)(a). There will be a combination of deciduous and evergreen shrubs along the driveway and parking spaces adjacent to Custer Drive that will provide sufficient screening of these areas from the street. Parking lot landscaping - interior. Interior parking lot landscaping for this project is in accordance with the standards set forth in Section 3.2.1(E) (5). Section 3.2.2. Access, Circulation and Parking The proposal satisfies the applicable Access, Circulation and Parking standards, including the following: Required number of parking spaces. The development proposal satisfies the parking requirements set forth in the LUC for the residential uses in this project. • There are a total of 73 proposed surface parking spaces on -site. There will be 16 on -street parking spaces on Kansas Drive in front of the buildings. The on- Rigden Farm 12`h Filing, The Colony, PDP (#56-98AC) Administrative Hearing Findings, Conclusions, and Decision September 27, 2005 Page 3 FACTS AND FINDINGS 1. Compatibility with Surrounding Uses: The surrounding zoning and land uses are as follows: N: MMN; undeveloped E: MMN; existing multi -family residential (Rigden Farm, 7th Filing - The Willow) S: LMN; existing multi -family residential (Rigden Farm, 7th Filing - The Willow) W: MMN; undeveloped, planned multi -family residential (Rigden Farm, 11th Filing - Brooklyn Park Rowhouses) The property was annexed as part of the Timberline Annexation in November, 1997. The property is part of Parcel E of the Rigden Farm Overall Development Plan (ODP) that was approved by the Planning and Zoning Board in April, 1999. Parcel E was approved for multi -family dwelling units. The property is part of Parcel E of the amended Rigden Farm, ODP that was approved by Minor Amendment in November, 2002. Parcel E is approved for multi -family dwelling units. The property has not previously been subdivided. 2. Compliance with Article 2 Administration: This PDP complies with the applicable requirements of the LUC, specifically the procedural requirements located in Division 2.1 - General Procedural Requirements, Division 2.2 - Common Development Review Procedures for Development Applications, and Section 2.4 - Project Development Plan in Article 2 - Administration. The proposed development is for multi -family dwellings, which are permitted uses in the MMN - Medium Density Mixed -Use Neighborhood Zoning District, subject to an administrative (Type 1) review and public hearing. The LUC does not require that a neighborhood meeting be held for development proposals that are not subject to a Planning and Zoning Board (Type 2) review. Therefore, a City -sponsored and facilitated neighborhood information meeting was not held for the Rigden Farm 12th Filing, The Colony, PDP development proposal. Rigden Farm 12`" Filing, The Colony, PDP (#56-98AC) Administrative Hearing Findings, Conclusions, and Decision September 27, 2005 Page 2 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. PUBLIC HEARING The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 3:30 p.m. on September 13, 2005 in Conference Room A at 281 North 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; (3) a sign up sheet of persons attending the hearing; and (4) 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: Lee Watkins, J R Engineering Matt Jeakins, Jeakins Construction From the Public: None Present Written Comments: None Community Planning and Environmenta. Services Current Planning Citv of Fort Collins CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: September 13, 2005 PROJECT NAME: CASE NUMBER: APPLICANTS: OWNERS: HEARING OFFICER: PROJECT DESCRIPTION: Rigden Farm 12t' Filing, The Colony, Project Development Plan #56-98AC J R Engineering c/o Lee Watkins 2620 E. Prospect Road, Suite 190 Fort Collins, CO. 80525 Reno Cappelli 25338 Foothills Drive Golden, CO 80401 Pete Wray Interim Director of Current Planning Director This is a request for a total of forty-eight (48) dwelling units on 2.60 acres. There will be two (2) buildings, each containing twenty-four (24) dwelling units, with each unit containing 2 or 3 bedrooms. The buildings will be 3 stories high, with varying roof heights ranging from 35' to 40'. This proposed project is located on the south side of Custer Drive at Kansas Drive in the Rigden Farm mixed -use development. Kansas Drive runs through the middle of the development, north to south, between the two residential buildings. Proposed direct vehicular access to the development site is from Kansas Drive. SUMMARY OF HEARING OFFICER DECISION: Approval ZONING DISTRICT: The property is zoned MMN, Medium Density Mixed -Use Residential. 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020