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Home My WebLink AboutPLANTATION MANOR - PDP - 39-00 - DECISION - FINDINGS, CONCLUSIONS & DECISIONItV 11-102 5 - a/ P'Joy � ��so�c1 I L 24 157-CC9 So,�Zb //e „s Coma City of Fort Collins -Type 1 Administrative Hearing Findings, Conclusions, and Decision Administrative Hearing Date: 11/29/01 Plantation Minor PDP - #39-00 December 12, 2001 Page 4 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 SUMMARY OF CONCLUSIONS A. The proposed land use and its proposed density are expressly permitted in the Low Density Mixed -Use Neighborhood District (LMN). B. The Project Development Plan complies with all applicable district standards of Article 4 of the Land Use Code for the LMN zone district. C. The Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code. DECISION The Plantation Manor Project Development Plan, #39-00, is hereby approved by the Hearing Officer without condition. DATED THIS 12th DAY OF DECEMBER, 2001. Robert C. Widner, Hearing Officer RC W\57069.14\395550.01 City of Fort Collins -Type 1 Administrative Hearing Findings, Conclusions, and Decision Administrative Hearing Date: 11/29/01 Plantation Minor PDP - #39-00 December 12, 2001 Page 3 estimate should be lower than that commonly used for single family detached dwelling units inasmuch as the multi -family uses of Plantation Manor will not likely involve as many licensed drivers per household as single family detached uses. Much of the testimony asserted that traffic calming techniques, such as speed bumps, should be employed to slow traffic through the development. Although redesign of the development may prove an effective means to address traffic concerns, the Hearing Officer finds that the PDP, as presented, meets all applicable design requirements and traffic standards of the LUC. For that reason, there is no basis for an adverse finding of incompatibility for this PDP. The density of the PDP was also brought into issue during the hearing. The neighboring landowners repeatedly asserted that the density was incompatible with the surrounding, lower density, uses. However, the density was within the maximum standard established by the property's zone district. This standard requires that the maximum density taken as a whole be 8.00 dwelling units per gross acre of land. The PDP proposes 38 dwelling units on 4.77 acres for a density of 7.9 dwelling units per gross acre. This density is below the maximum allowable density for the zone district. As a result, the density does not form a basis for an adverse finding of incompatibility for this PDP. Moreover, the City's comprehensive plan seeks to achieve a variety and mix of housing types. To impose a standard that similar uses must be located together would defeat the policy established by the City of Fort Collins. The testimony and evidence presented by the Applicant and the City staff established that the use proposed by the PDP was generally consistent with other adjacent and neighboring land uses. Multi -family residential buildings is a permitted use in the LMN zone district subject to administrative review. 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. The Staff Report summarizes the PDP's compliance with these standards and no specific evidence was presented to specifically and competently 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. RCW\57069.14\395550.01 City of Fort Collins -Type 1 Administrative Hearing Findings, Conclusions, and Decision Administrative Hearing Date: 11/29/01 Plantation Minor PDP - #39-00 December 12, 2001 Page 2 PUBLIC HEARING: The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 6:45 p.m. on November 29, 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; and (5) an undated letter received by the Planning Department on November 29, 2001, from Brian Fraaken, 1630 Enfield Street, Fort Collins, CO 80526. The Land Use Code for the City of Fort Collins ("LUC"), the City's Comprehensive Plan, and the formally promulgated policies of the City are all considered part of the evidence and the record considered by the Hearing Officer. FACTS AND FINDINGS 1. Compatible with Surrounding Uses: The proposed development is adjacent to the following surrounding zoning and land uses: N: RL; Existing Residential (Rossborough Subdivision) S: Residential (County); Existing Residential (Imperial Estates Subdivision) E: LMN; Existing residence and horse boarding and exercise facility W: RL; Existing Residential (Rossborough Subdivision) Testimony from the persons in attendance and the content of Mr. Fraaken's letter established a general concern regarding the impacts of additional traffic and traffic speeds within and adjacent to the neighborhood. The Applicant's traffic study demonstrated that the existing road system would be sufficient to handle the increased traffic demand notwithstanding the fact that the projected number of vehicle trips -per -day may, as Mr. Fraaken mentioned, be underestimated for residential use. Testimony from the City staff established that the appropriate RCVV\57069.141395550.01 Citv of Fort Collins Commt y Planning and Environmental ..vices Current Planning CITY OF FORT COLLINS, COLORADO ADMINISTRATIVE HEARING OFFICER TYPE 1 ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS, AND DECISION ADMINISTRATIVE HEARING DATE: PROJECT: November 29, 2001 Plantation Manor Project Development Plan - #39-00 APPLICANT: Brett Larimer c/o Stewart and Associates 103 South Meldrum Street Fort Collins, Colorado 80521 OWNER: Brett Larimer 1600 W. Horsetooth Road Fort Collins. Colorado 80526 HEARING OFFICER: Robert C. Widner, Esq. Gorsuch Kirgis LLP Tower I, Suite 1000 1515 Arapahoe Street Denver, Colorado 80202 PROJECT DESCRIPTION AND BACKGROUND: The applicant and owner seek approval of a Project Development Plan (PDP) for 38 multi -family dwelling units on 4.77 acres located on the north side of Horsetooth Road, across from Crescent Drive in Imperial Estates. The 38 dwelling units would be divided among seven buildings including five 6-plexes and two 4-plexes. A new street, Big Ben Drive, would be constructed to serve the site and will extend from the existing street presently serving Rossborough Subdivision. The property was annexed in 1980. There has been no previous development activity on the parcel. SUMMARY OF HEARING OFFICER DECISION: Approval. ZONE DISTRICT: The parcel is zoned within the Low Density Mixed -Use Neighborhood District (LMN). NOTICE OF PUBLIC HEARING AND NEIGHBORHOOD MEETING: Evidence presented to the Hearing Officer established no controversy or facts to refute that the hearing was properly posted, legal notice mailed, and notice published. RCW\57069.14\395550.01 28I North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020