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HomeMy WebLinkAboutNIX FARM NATURAL AREA FACILITY - PDP/FDP - 10-01 - DECISION - FINDINGS, CONCLUSIONS & DECISIONW,A KaVR- 414f RtflkaY a8! ti. Oo UP6r 2 Al�9in 222.E ujr 5 Pv h°a )C �f3b bosz yr Iglu c:Yea.,-J es/ Vk%z :flvvle,vori ZF> ! IV. C�Ite- vV� DebYa snhcXon0✓elm' IMO I)udve RlVe-✓ Dr '' k cvie, 22,/ I_ l�hlJJ Kar»or�r�i +C od , C o� zZ JeP+�iu�� 'Noo Z7—1 - 4o-7& 5 e�j(as,° 224-gSOR - Utr",.4 akQG lop gag+ �t9�1-o7l�o ca ,4E /GK,(=1 5diJ4O-L) Type 1 Administrative Hearing - Findings, Conclusions, and Decision Project Name: Nix Farm Natural Areas Facility, File #10-01 Hearing Date: June 6, 2001 Page 5 The hearing officer finds that a significant number of the vehicles utilizing the intersection are large trucks servicing/served by the neighboring asphalt recycling facility. Obviously, this type of traffic causes somewhat greater traffic impact than the typical non-commercial vehicle or truck traffic. Nevertheless, and weighing all the evidence presented at the hearing, it is determined that the proposed development will meet the applicable Transportation Level of Service Requirements of the Land Use Code [Section 3.6.4]. DECISION The Nix Farm Natural Areas Facility - Project Development Plan and Subdivision, File # 10-01 is approved without conditions by the Hearing Officer. This Decision is based on the following findings and conclusions: 1. The proposed land uses are permitted in the (P-O-L) Public Open Lands District. 2. The Project Development Plan complies with all applicable district standards of Section 4.10 of the Land Use Code, the (P-O-L) Public Open Lands District. 3. The Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code. 4. The Subdivision Plat conforms to the provisions of the Land Use Code. DATED THIS 12TH DAY OF JUNE, 2001. Robert C. Widner, Hearing Officer RCW U7069.08\380867.01 Type 1 Administrative Hearing - Findings, Conclusions, and Decision Project Name: Nix Farm Natural Areas Facility, File #10-01 Hearing Date: June 6, 2001 Page 4 purpose of the standards, under Section 3.4.1(B), is to "ensure ... that the physical elements of the development plan are designed and arranged on the site (that) will protect the natural habitats and features on the site and in the vicinity of the site." Further, "(t)he project shall be designed so that the character of the proposed development in terms of use, density, traffic generation, quality of runoff water, noise, lighting and similar potential development impacts shall minimize the degradation of the ecological character or wildlife use of the affected natural habitats or features." The hearing officer finds that a primary entrance through the Kingfisher Point Natural Area would conflict with the purpose of the natural resource protection standards of the Land Use Code. The City prepared a Traffic Impact Study (TIS) which concluded that the Level of Service at the intersections serving the proposed development would be at or below Level of Service (LOS) D, the City's critical threshold for traffic impact. This TIS considered additional traffic generated from the proposed development. This analysis was based on recent peak hour traffic counts and forecasted traffic impacts of the General Care Medical Clinic. It was noted that the TIS could not forecast all potential impacts of planned or possible future development, but that the TIS was reasonably accurate. However, no contradictory evidence was presented to undermine the credibility or accuracy of the TIS for purposes of this administrative review. The City also submitted into evidence a video tape recording of the traffic impacts at and around the Lemay Avenue intersection west of the proposed development. The video was taken on a Wednesday from early morning to later afternoon/evening. This video tape recording was challenged by at least one person in attendance as an inaccurate depiction of the actual conditions at the intersection because, primarily, the time period did not reflect a period in which the college was in session. The video demonstrated that the traffic patterns and the number of vehicles was not excessive and that adequate capacity was available at the intersection. Notably, maximum wait time for turns from the intersection did not exceed LOS D and, in many instances, the LOS standard was as high as LOS B. Testimony established that the average wait for a left turn was 27 seconds (LOS D); the average wait for right hand turns was less than 15 seconds (LOS B). Further, testimony established that the anticipated traffic volume increase attributable to the proposed development would be 100 vehicles per day; an approximately 10% increase over the current volume (1000 vehicles) and substantially less than the City's projected future maximum potential volume of between 1500 and 3000 vehicles per day. RC W \57069.08\380867.01 Type 1 Administrative Hearing - Findings, Conclusions, and Decision Project Name: Nix Farm Natural Areas Facility, File #10-01 Hearing Date: June 6, 2001 Page 3 testimony presented during the hearing was not directly relevant to the project's conformance with the Land Use Code, but was informative to the persons in attendance to understand the potential future impacts of land development in the general area. FINDINGS AND CONCLUSIONS The evidence presented to the Hearing Officer established facts supporting the following findings and conclusions: Compatibility with Surrounding Uses: The proposed development as it is designed and landscaped is found generally compatible with the zoning and land uses of surrounding properties. The majority of neighboring properties consist of open public spaces and natural areas. The proposed project incorporates approximately 60% open space and natural areas. The hearing officer specifically notes that all of the persons in attendance at the meeting expressed general acceptance of the proposed development and did not object to the proposed use as incompatible with surrounding uses, except with regard to potential traffic impacts. Compliance with Zoning, the Overall Development Plan, and Articles 3 and 4 of the Code: The proposed development is a permitted use in the P-O-L Zone District subject to administrative review. No substantive issue was presented concerning the nonconformance of the proposed development with Articles 3 and 4 of the Code. For purposes of this decision, the hearing officer adopts the statements and findings of the Staff Report concerning the proposed development's conformance with the primary requirements of Article 3 and 4 of the Land Use Code. Access and Traffic Impact Issues: Some persons in attendance (or through written correspondence) questioned the proposed development's impact upon traffic patterns in the vicinity and, in particular, the impact caused by site access from Lemay Avenue. Comments received by the hearing officer (derived from the neighborhood meeting, written correspondence, and testimony) identify a desire that the Nix Farm Facility take primary access from Timberline Road. Concerns expressed related to access onto Lemay Avenue adding to traffic congestion and creating safety issues at the nearby intersections of Poudre River Drive/Lemay Avenue and Riverside/Lemay Avenue. The Natural Resources staff concluded that primary access from Timberline Road would conflict with the Natural Area Protection Standards of Division 3.4 of the Land Use Code. The Kingfisher Point Natural Area, within which the access road would lie, has been included on the Natural Habitats and Features Inventory Map. The expressed RCW\57069.08\380867.01 Type 1 Administrative Hearing - Findings, Conclusions, and Decision Project Name: Nix Farm Natural Areas Facility, File #10-01 Hearing Date: June 6, 2001 Page 2 The City of Fort Collins Natural Areas program intends to create a new facility for office and municipal service use(s). Two historic houses are located on the site, as well as a barn and shed that were part of the original Nix Farm. The shed and barn will be remodeled for use as storage facilities. The smaller of the two historic houses will serve as a City of Fort Collins K-9 Training Facility. The larger of the two historic houses will serve as Natural Areas Program offices. The City will construct a new maintenance facility, greenhouse, and nursery for the Natural Areas maintenance staff. Landscaping would feature plant species that both reflect an agrarian theme and are predominantly native. Site access will be from Hoffman Mill Road to the west along a drive access easement. Evidence demonstrated some confusion concerning whether this access easement was private or public, but the evidence did not controvert the existence of adequate right of access via the easement. A secondary point of access is provided from Timberline Road and such access will be limited to emergency use only. This emergency access drive is within the existing Hoffman Mill Road right-of-way between two lakes located on the Kingfisher Point Natural Area site. NOTICE OF PUBLIC HEARING AND NEIGHBORHOOD MEETING: Testimony or evidence established that notice of the hearing was properly made by the City and/or applicant. A neighborhood meeting was held at which the public was provided an opportunity to address issues concerning the project. The record contains a summary of the primary issues raised during the neighborhood meeting. PUBLIC HEARING: The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code (LUC), opened the hearing at approximately 4:00 p.m. on June 6, 2001 in the conference room of the City of Fort Collins Planning Department located at 281 North College Avenue, Fort Collins, Colorado. RECORD OF HEARING: The Hearing Officer accepted during the hearing the following evidence: (1) Planning Department staff report: (2) application and supporting documents submitted by the applicant and the applicant's agents; (3) documents submitted during the hearing including several letters between adjacent landowners and City staff; (4) a sign-up sheet of persons attending the hearing and citizens speaking in favor of or against the application; (5) a video tape of existing traffic patterns recorded on a Wednesday; and (6) a tape recording of testimony provided during the hearing. The tape recorder malfunctioned near the end of the hearing causing a tear in the tape and the loss of the last 3-4 minutes of the hearing. Such unrecorded discussion pertained largely to the impacts to Lemay Avenue caused by other land development in the area (i.e., Walmart) and the available trailhead parking areas along the pedestrian/bicycle trail neighboring the project and surrounding lands. The unrecorded RCM57069.08\380867.01 City of Fort Collins Commur' Planning and Environmental Current Planning ices CITY OF FORT COLLINS, COLORADO ADMINISTRATIVE HEARING OFFICER TYPE 1 ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS, AND DECISION HEARING OFFICER: Robert Widner ADMINISTRATIVE HEARING DATE: June 6, 2001 PROJECT NAME: Nix Farm Natural Areas Facility- Project Development Plan and Subdivision, File # 10-01 (Type 1, Administrative Review in the Land Use Code) APPLICANT/ Jim Sell Design, Inc. OWNER: 153 W. Mountain Ave. Fort Collins, CO 80524 City of Fort Collins Natural Resources Department 281 N. College Ave. Fort Collins, CO 80524 PROJECT DESCRIPTION: This is a Project Development Plan and Subdivision review for a public facility use containing offices, maintenance facilities, greenhouse, and nursery, to serve the City of Fort Collins Natural Areas program. The site is located northeast of Hoffman Mill Road and south of the Cache la Poudre River, adjacent to the Kingfisher Point Natural Area. The property is located in the Public Open Lands (P-O-L) zoning district and comprises 27.479 acres in area. SUMMARY OF HEARING OFFICER DECISION: Approval. BACKGROUND AND ZONE DISTRICT: The property was annexed in September of 1967 as part of the First Lemay Annexation. The surrounding zoning and land uses are: North: POL Cache la Poudre River, Poudre River Trail. South: I Hoffman Mill Rd., Great Western railroad tracks (formerly Burlington Northern and Santa Fe), Riverside Avenue, East: POL; Kingfisher Point Natural Area West: CCR; Asphalt Recycling Facility, Medical Offices SW: NC; Intersection of Riverside Avenue and Lemay Avenue, Riverside Shopping Center RCW \57069.08\380867.01 281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020