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Home My WebLink AboutSIDEHILL, FILING ONE - PDP - 32-01B - DECISION - FINDINGS, CONCLUSIONS & DECISIONAJOH S 5 rgm �Ia s �; j uo cr )) . Sidehill PDP, 1s` Filing Administrative Hearing Findings, Conclusions, and Decision June 26, 2003 Page 5 of 5 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 buildings include architectural details, building materials, forms, and colors that are similar or compatible with existing buildings, or development plans that are presently under review, in the area. Residential Building Standards The Staff Report outlines how the project complies with the building setback and orientation standards found within this Section. Transportation Level of Service Requirements Section 3.6 of the LUC imposes standards for all modes of transportation. The Transportation Impact Analysis indicates that the project complies with Level of Service (LOS) standards for all modes of transportation except for vehicular LOS at the Prospect and Timberline intersection. No building permits shall be issued for the development until the necessary street and intersection improvements are in place or commitments are in place pursuant to Section 3.7.3(E). SUMMARY OF CONCLUSIONS A. The Sidehill Project Development Plan, 1 st Filing is subject to administrative review and the requirements of the Land Use Code (LUC). B. The Sidehill Project Development Plan, 1st Filing complies with all applicable district standards of Sections 4.4 (LMN) Low Density Mixed Use Neighborhood zone and Section 4.5 (MMN) Medium Density Mixed Use Neighborhood zone. C. The Sidehill Project Development Plan, 1 st Filing complies with all applicable General Development Standards contained in Article 3 of the Land Use Code. DECISION The Sidehill Project Development Plan, 1st Filing #32-01B, is hereby approved by the Hearing Officer. Dated this 19th day of August 2003, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Cameron Glos Current Plann' g Director Sidehill PDP Administrative Hearing Findings, Conclusions, and Decision June 26, 2003 Page 4 of 5 central gathering space meeting the requisite size. All of the City's block standards, building frontage, and height requirements will be met. There was no evidence presented at the public hearing to contradict the Project's compliance with the Article Four Use or Development 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 standards. The requested alternative method of compliance to the street tree spacing requirements satisfies the purpose of the standard equally well as a plan that satisfies the standard. There was no evidence introduced at the hearing to contradict the Staff Report. Parking and Access. The staff report outlines the Project's compliance with Section 3.2.2 concerning access, circulation and parking. A total of 350 off-street parking spaces are required to serve the multi -family units where a total of 407 off-street parking spaces are provided on the subject property. Sufficient disabled parking spaces are provided. Pedestrian areas are clearly differentiated from vehicular use areas and all off-street parking spaces have unobstructed vehicular access to and from the public streets. Therefore, based on the information presented, 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. The proposed lighting fixtures, illuminating parking lots, drive aisles, and walkway areas, 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. Based on the submitted lighting plan, the lighting standards of this section are met. Engineering/Subdivision Plat Division 3.3 sets standards for subdivision plats regarding the general layout of the lots, roads, driveways, utilities, drainage facilities, and other services within the proposed development. The Staff Report outlines how the subdivision plat meets these standards, including the dedication of rights -of -way and easements necessary to serve the development. Sidehill PDP Administrative Hearing Findings, Conclusions, and Decision June 26, 2003 Page 3 of 5 Written Comments: None. FACTS AND FINDINGS 1. Site Context/Background Information The surrounding zoning and land uses are as follows: W: MMN; Timberline Road, proposed Mansion Park P.D.P. (under development review), LMN; proposed Mansion Park P.D.P. (under development review), SW: RL; Meadows East Residential Neighborhood, S: NC; Drake Road, Undeveloped Neighborhood Commercial Center of Rigden Farm, MMN; Undeveloped Multifamily property in Rigden Farm, E: T; Existing farmland, Cargil Seed Research farm, NE: LMN; Johnson Property O.D.P., I; Johnson Property O.D.P.,UE; Johnson Property O.D.P. The property was annexed in November 1997 as part of the Timberline Annexation and was originally zoned T — Transition. A request to amend the Structure Plan and rezone the property to LMN and MMN was approved on 2"d reading by City Council on November 20, 2001. 2. Compliance with Article 4 and the MMN— Medium Density Mixed Use Zoning District and LMN — Low Density Mixed Use Zoning District Standards: The Project Development Plan complies with all applicable requirements of Article 4 and the MMN and LMN zone districts. 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 MMN or LMN District Standards. In particular, the proposed multi -family dwellings and small lot single-family detached dwellings are permitted within the MMN zone district, and the small lot single-family detached dwellings and single-family detached dwellings are permitted within the LMN district, subject to an administrative review. The proposed residential density distribution is consistent to that approved under the Johnson Property O.D.P. A neighborhood center will be located less than 3,960 feet from all dwellings within the development and a small neighborhood park within 1/3 mile. At least 90 percent of the dwelling units proposed within the MMN-zoned area will be within '/< mile of a private park or Sidehill PDP Administrative Hearing Findings, Conclusions, and Decision June 26, 2003 Page 2 of 5 SUMMARY OF HEARING OFFICER DECISION: Approval ZONING DISTRICTS: MMN — Medium Density Mixed Use Neighborhood District and LMN — Low Density Mixed Use Neighborhood District. 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 4:00 p.m. on August 14, 2003 in Conference Room A, 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 the public 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: Troy Jones, City Planner From the Applicant: Jim Postle Eldon Ward, Cityscape Urban Design John Beauparlant, The James Company Sharon Fisher, The James Company Randall Provencio, JR Engineering From the Public: None. Comi._-,nity Planning and Environment~_ Services Current Planning CITY OF FORT COLLINS 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: August 14, 2003 Sidehill Project Development Plan, 1st Filing #32-01 B Joe Carter Cityscape Urban Design 3555 Stanford Road Fort Collins, CO 80525 The James Company 2919 Valmont Rd., Suite 204 Boulder, CO 80301 Cameron Gloss Current Planning Director The Applicant has submitted a Project Development Plan (referred to herein as the "Project" or the "PDP") for 80 single-family detached dwellings, and 220 multi -family dwelling units on 39.33 acres. This Project Development Plan (P.D.P.) is the first filing of the property that gained Overall Development Plan (O.D.P.) approval as the Johnson Property O.D.P. This proposed development is located at the northeast corner of the intersection of Drake Road and Timberline Road, and has 25.83 acres in the MMN — Medium Density Mixed -use Neighborhood zone district, and 13.48 acres in the LMN — Low Density Mixed -use Neighborhood zone district. A subdivision plat is part of the PDP application. 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020