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Home My WebLink AboutFORT COLLINS VOLUNTEERS OF AMERICA, ELDERLY HOUSING - PDP - 14-01 - DECISION - FINDINGS, CONCLUSIONS & DECISIONjl Vs�-P &CAMIeA b-e�r- I Tsp — m;- fib 5 221 to (Q OS to Cl -� �s 37Oy Fort Collins VOA (Volunteers of America) Elderly Housing PDP, #14-01 October 17, 2001 Administrative Hearing Page 4 B. The PDP satisfies all requirements of Article Three of the LUC other than conformance with the design requirements for the intersection of Horsetooth Road and Kunz Court. C. The PDP satisfies all requirements of Article Four of the LUC. DECISION The Fort Collins VOA (Volunteers of America) Elderly Housing, Project Development Plan, #14-01 is approved by the Hearing Officer subject to the following conditions: The Applicant/Developer must completer a design for the intersection of West Horsetooth Road and Kunz Court acceptable to the City and in conformance with the City's applicable design standards prior to the City accepting the development agreement and utility plans for the Fort Collins Volunteers of America Elderly Housing Project. No drawings will be recorded and filed prior to the City's acceptance. Failure of the Applicant/Developer to secure approval within a reasonable time following approval of this Project will result in termination of the approval. The Hearing Officer shall retain jurisdiction for the sole purpose of reviewing lack of compliance with this condition and to consider any termination of approval. In the event that City staff fails to issue approval of the intersection ;de'sign, City staff or the Applicant/Developer may request that the Hearing Officer re -open the hearing for the purpose of determining compliance with this condition of approval. Issuance of City approval of the design shall constitute conformance with this condition. DATED THIS 26th DAY OF OCTOBER, 2001. Robert C. Widner, Hearing Officer RCW1570691391524.01 Fort Collins VOA (Volunteers of America) Elderly Housing PDP, #14-01 October 17, 2001 Administrative Hearing Page 3 owners adjacent to the right-of-way can not lawfully claim any right to continued use for the private growing of hay, grass, or trees. The City retains the authority to use the right-of-way for public purposes including bicycle and pedestrian access and thoroughfare. Testimony addressed the ability of the Applicant/Developer to enter adjacent properties for the purpose of performing overlot grading to ensure compatibility between the grade of the Project and the grade of the adjacent property to the east. All but one adjacent owner consented to such entry and grading at the time of the hearing. Although some concern was raised that the one owner's consent was not yet obtained, the testimony established that entry upon such owner's property would not be necessary and -that- a grade change on the Project could be made to accommodate the adjacent property or that the consent of the owner could be secured prior to development. 2. Compliance with Article 4 and the LMN District Standards: The Project Development Plan complies with all applicable requirements of Article 4 and the LMN Zone District. No evidence was presented to contradict the statements and conclusion of the staff report concerning compliance or to otherwise refute the .compliance with Article 4 or the LMN District Standards. 3. Compliance with Article 3 — General- Development Standards: The Project Development Plan complies with all applicable requirements of Article 3. No evidence was presented to contradict the statements and conclusion of the staff report concerning compliance or to otherwise refute the compliance with the Article 3 Standards. Staff presented evidence, which was not refuted by the Applicant or anyone in attendance, that the Project failed to comply with the requirements of Section 3.3.5 (Engineering Design Standards) pertaining to the design of improvements for the intersection of West Horsetooth Road and Kunz Court. The staff commented that such improvements could be designed and any noncompliance remedied following PDP approval. As a result, a condition of approval was recommended by staff. SUMMARY OF CONCLUSIONS A. The PDP satisfies the development standards of the LMN Zone District. RCwk.57069\391524.01 Fort Collins VOA (Volunteers of America) Elderly Housing PDP, #14-01 October 17, 2001 Administrative Hearing Page 2 PUBLIC HEARING: The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 6:35 p.m. on October 17, 2001 in Conference Room A 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, plans, maps, and other supporting documents submitted by the applicant and the applicant's agents to the City of Fort Collins; (3) a sign-up sheet of persons attending the hearing and citizens speaking in favor of or against the application; (4) a tape recording of testimony provided during the hearing. The LUC, the City's Comprehensive Plan, and the formally promulgated policies of the City are all considered part of the evidence considered by the Hearing Officer. FACTS AND FINDINGS' The evidence presented to the Hearing Officer supported the following facts and findings. 1. Compatible with Surrounding Uses: The proposed development is generally compatible with the following surrounding zoning and land uses: N: RL; Existing Single Family Residential (Kingston Woods) S: RL, LMN; Existing Single Family Residential (Mountain Ridge Farms) E: UE; Existing Single Family Residential (Skyline Acres) W: LMN; Existing Single Family Residential (Westfield Park) The Hearing Officer finds that there is a general consistency between the proposed development and the existing neighboring land uses (including larger lot residential properties). Testimony offered at the hearing established that the applicant designed the project to place a buffer area along the southern border of the site, in part, to mitigate impacts of the proposed development. Neighboring residents did not complain about the compatibility of the proposed project with their development but, instead, cited concerns regarding suspected impacts caused by a bike/pedestrian trail that would be created within the Brook Drive right-of-way. The City's proposed use of the existing Brook Drive right-of-way for bicycle and pedestrian access was cited as conflicting with the use of the right-of- way by the owners bordering the right-of-way. These owners apparently use the right-of-way for hay and grass growing (and cutting) and for the growing and cultivation of trees. The Hearing Officer finds that the testimony established that the Brook Drive right-of-way is owned by the City of Fort Collins. As a result, the RCW\57069\391524.01 City of Fort Collins Comm ty Planning and Environmenta: ?rvices Current Planning CITY OF FORT COLLINS, COLORADO ADMINISTRATIVE HEARING OFFICER TYPE 1 ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS, AND DECISION ADMINISTRATIVE HEARING DATE: October 17, 2001 PROJECT NAME: Fort Collins VOA (Volunteers of America) Elderly Housing, Project Development Plan, #14-01 APPLICANT: Volunteers of America National Services c/o Robin Keller 1660 Duke Street Alexandria, VA 22314-3427 OWNER: Fort Collins Volunteers of America Elderly Housing, Inc. #2 Sanctuary Boulevard, Suite 301 Mandeville, LA 70471 HEARING OFFICER: Robert C. Widner, Esq. Gorsuch Kirgis LLP Tower I, Suite 1000 1515 Arapahoe Street Denver, Colorado 80202 PROJECT DESCRIPTION: The applicant has requested approval of a 60 dwelling unit, affordable elderly housing project (the "Project") on 8.7 acres located on the south side of West Horsetooth Road at Seneca Street. The Project includes eleven (11) residential buildings (4-plexes and 6-plexes) and one (1) community service building. The property is approximately'/4 mile west of South Shields Street. SUMMARY OF HEARING OFFICER DECISION: Approval with Conditions. ZONE DISTRICT: Low Density Mixed -Use Neighborhood (LMN). NOTICE OF PUBLIC HEARING AND NEIGHBORHOOD MEETING: Testimony established that the property was properly posted, legal notice mailed, and notice published. A neighborhood meeting was held although none was required by the Land Use Code (LUC). RCW\57069\391524.01 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020