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Home My WebLink AboutCHEROKEE FLYING HEIGHTS - PDP - 17-00 - DECISION - FINDINGS, CONCLUSIONS & DECISIONCity of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision Cherokee Flying Heights Project Development Plan - #17-00 Administrative Hearing Date: April 24, 2002 Page 6 DECISION The Hearing Officer hereby approves the Cherokee Flying Heights Project Development Plan, #17-00 subject to the following condition of approval: 1. That, as an affordable housing project, the units will be required by binding legal instrument acceptable to the City of Fort Collins and duly recorded with the Larimer County Clerk and Recorder, to be occupied by and affordable to low-income households for at least twenty (20) years. DATED THIS 8th day of May 2002. Linda C. Michow, Hearing Officer LC M\57069.20\409503.01 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision Cherokee Flying Heights Project Development Plan - #17-00 Administrative Hearing Date: April 24, 2002 Page 5 Section 3.6.3, addressing street pattern and connectivity standards, provides that all development plans should provide access to existing and future development. In order to comply with Section 3.6.3, the plat of the Project incorporates a dedicated right-of-way for a north -south local connector road, shown as Pennsylvania Street on the plat. As the staff report states, "Such right-of-way dedication will help facilitate construction of an interconnected roadway system between Mulberry Street and LaPorte Avenue, if such system is needed in the future..." The Hearing Officer finds that this dedication complies with Section 3.6.3. The Project complies with Section 3.6.4, Transportation Level of Service Requirements, in that the Applicant's Traffic Impact Study indicates that the transportation level of service standards are met. In fact, testimony at the hearing by the City's Traffic Engineer and the Applicant's traffic consultant revealed that the Traffic Impact Study was submitted under the City's old standards and would not have been required under the existing standards because the increase in traffic of 10 to 12 peak hour trips and 129 total trips per day would be insignificant. There was testimony by one resident along South Taft Hill Road that it was difficult to make turns going northbound on South Taft Hill Road. The City's Traffic Engineer, Mr. Ward Stanford, testified that it is common on all arterial roadways to experience difficulty in making turns and that South Taft Hill Road experiences lower traffic counts than other arterials in the City. Therefore, the Hearing Officer finds, given all the evidence presented, that the Project complies with Section 3.6.4. SUMMARY OF CONCLUSIONS A. The PDP satisfies the development standards of the LMN Zone District. B. The PDP complies with all applicable district standards of Division 4.4 of the Land Use Code, Low Density Mixed Use Neighborhood (LMN) zone district. C. The Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code. LCM\57069.20\409603.01 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision Cherokee Flying Heights Project Development Plan - #17-00 Administrative Hearing Date: April 24, 2002 Page 4 Engineering Design Standards. The staff report indicates that the Project complies with Section 3.3.5 in that it complies with the design standards and specifications for the applicable departments and agencies. Building and Project Compatibility. Subsection 3.5.1(B) of the LUC requires that new developments be designed to be compatible with the established architectural character of the area. Pursuant to this section, compatibility is achieved through similar pitched roof forms, fenestration and similar building materials. The staff report indicates that the proposed single family dwellings are compatible with those found in the surrounding neighborhoods. Subsection 3.5.1(C) requires that buildings should be similar in size and height, or if larger, that such buildings be articulated and subdivided into massing that is proportional to the mass and scale of other structures. The Project includes some buildings which are taller and more massive than others in the area. According to the staff report, the larger residential buildings within the Project have been articulated and subdivided in massing by stepping down the two-story height in the middle of buildings to one story at the ends of the buildings. The larger buildings also have hipped roofs and lower eave heights to further reduce the building mass. In addition, the building materials of board and batten wood siding, wood trim and asphalt shingle roofs are similar to building materials in the adjacent neighborhoods. The Hearing Officer finds, therefore, that the Project is compatible with the surrounding neighborhoods in terms of architectural character and project compatibility. Transportation and Circulation (Traffic). Section 3.6 of the LUC imposes standards for Master Street Plan compliance, street layout, design, traffic impacts, etc. In accordance with Section 3.6.1, the Staff report indicates that the Project complies with the City's Master Street Plan in that 27 '/2 feet of additional right-of-way will be dedicated to the City via the plat in order to accommodate future improvements such as wider, detached sidewalks and a full -width bike lane. The PDP is also in compliance with Section 3.6.2 in that all of the street widths comply with the Larimer County Urban Area Street Standards. The proposed private drive meets City standards, except for the length, for which the Applicant received a variance from the Planning and Zoning Board on June 7, 2001. LCM\57069.20W 09603.01 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision Cherokee Flying Heights Project Development Plan - #17-00 Administrative Hearing Date: April 24, 2002 Page 3 The Hearing Officer also notes that the Project complies with applicable provisions of Section 4.4. Specifically, section 4.4(E)(3) provides for a maximum building height of 2'/2 stories, a standard with which the Project complies. 3. Compliance with Article 3 — General Development Standards: The evidence presented at the hearing establishes that the Project complies with all of the applicable requirements of Article 3, as explained below. Landscaping and Tree Protection. The staff report outlines the Project's conformance with Section 3.2.1 concerning landscaping and tree protection and there was no evidence introduced at the hearing to contradict the staff report. Access, Circulation and Parking. The staff report outlines the Project's conformance with Section 3.2.2 concerning access, circulation and parking. Specifically, the staff report notes that the design of the Project provides for: (1) adequate bicycle parking for 20 bicycles; (2) five foot wide sidewalks running parallel to the north side of the private drive and parallel to the south property line; (3) an internal walkway system that is linked to the sidewalk abutting South Taft Hill Road; (4) required parking lot setbacks; (5) required number of handicap parking stalls; and (6) 34 off-street parking spaces, as required by Section 3.2.2(K). There was no evidence introduced at the hearing to contradict the staff report; therefore, the Hearing Officer finds that the Project is in conformance with Section 3.2.2. Engineering Standards. The staff report indicates the Project's general conformance with Division 3.3 concerning engineering standards. Specifically, the unrefuted evidence presented at the hearing reflects that the Project complies with the City's plat standards (Section 3.3.1) and with development improvement standards found in Section 3.3.2. Section 3.3.3. Water Hazards. According to the staff report, the Applicant has prepared a final drainage and erosion control report which illustrates how the PDP complies with the City's Stormwater Design Criteria and Construction Standards. In addition, the Project includes a stormwater detention pond on the southeast corner of the Project site in order to satisfy the City's criteria. LCM\57069.20\409603.01 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision Cherokee Flying Heights Project Development Plan - #17-00 Administrative Hearing Date: April 24, 2002 Page 2 RECORD OF HEARING: The Hearing Officer accepted during the hearing the following evidence: (1) Planning Department staff report; (2) application, plans, maps, reports and other supporting documents submitted by the Applicant and the Applicant's agents to the City of Fort Collins; (3) written correspondence from members of the public concerning the Project; (4) photographs taken of the Project; and (5) a tape recording of testimony provided during the hearing. The Fort Collins Land Use Code ("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 1. The Project's Proposed Uses Are Permitted Uses within the Low Density Mixed Use Neighborhood (LMN) Zone District: The staff report reveals that the proposed development is adjacent to the following surrounding zoning and land uses: N: LMN detached single family residential S: LMN TV Repair Shop and detached single family residential E: POL City park and golf course W: RL detached single family residential. The staff report indicates that the residential uses contemplated in the PDP are permitted within the LMN zone district. No evidence presented at the hearing contradicted this finding. Therefore, the Hearing Officer concludes that the proposed uses are permitted within the LMN zone district. 2. Compliance with LMN District Standards (Article 4): Based on the evidence presented at the hearing, the Project Development Plan complies with Section 4.4 and the LMN Zone District. Section 4.4(B) of the LUC allows single family attached and single family detached dwellings subject to administrative review. Public testimony reflected a concern with the density of the Project. However, the staff report reflects that the proposed gross residential density of 10.93 dwelling units per gross acre is in compliance with section 4.4(D)(1)(b), which permits a maximum of 12 units per gross acre for affordable housing projects containing 10 acres or less. LC M\57069.20\409603.01 V City of Fort Collins Community Planning and Environmental Services Current Planning CITY OF FORT COLLINS, COLORADO ADMINISTRATIVE HEARING OFFICER TYPE 1 ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS, AND DECISION ADMINISTRATIVE HEARING DATE PROJECT NAME: APPLICANT: April 24, 2002 Cherokee Flying Heights Project Development Plan — #17-00 Mikal Torgerson M. Torgerson Architects, P.C. 223 N. College Ave. Fort Collins, Colorado 80524 OWNER: Jensen Investment Group 1212 S. College Ave. Fort Collins, Colorado 80524 HEARING OFFICER: Linda C. Michow, Esq. Gorsuch Kirgis LLP Tower I, Suite 1000 1515 Arapahoe Street Denver, Colorado 80202 PROJECT DESCRIPTION: The Applicant has submitted a Project Development Plan (referred to herein as the "Project" or the "PDP") proposing a total of 19 units, designated as affordable housing, on 1.738 acres. The site is located on the west side of South Taft Hill Road, approximately midway between LaPorte Avenue and Mulberry Street. SUMMARY OF HEARING OFFICER DECISION: Approval with conditions. ZONE DISTRICT: Low Density Mixed Use Neighborhood (LMN). NOTICE OF PUBLIC HEARING AND NEIGHBORHOOD MEETING: Evidence presented to the Hearing Officer established that the hearing was properly noticed in accordance with the City of Fort Collins Land Use Code. City planning staff also held a neighborhood meeting on July 11, 2001. PUBLIC HEARING: The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 6:30 p.m. on April 24, 2002 in the City Council Chambers at City Hall located at 300 West LaPorte Avenue, Fort Collins, Colorado. LC M\57069.20\409603.01 281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020