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section 3.6.3 (F) entitled Utilization and Provisions of Sub -Arterial Street
Connections to and from Adjacent Developments and Developable Parcels.
3. The applicant shall comply with all applicable remaining development approval
requirements, including but not limited to submission and approval of final plan,
development construction permits, and building permits.
4. Any dispute or disagreement concerning the approval of and compliance with the
PDP shall be submitted to the Hearing Officer and the Hearing Officer shall retain
jurisdiction over the interpretation of this decision and the approved PDP.
DATED THIS 21ST DAY OF JUNE, 2000.
Robert C. Widner, Hearing Officer
RCM57069.01\350609.02 -1 1-
SUMMARY OF CONCLUSIONS
A. The Linden Park, Project Development Plan contains uses permitted in the
LMN - Low Density Mixed Use Neighborhood Zoning District, subject to
administrative review.
B. The Linden Park, Project Development Plan meets all but two applicable
standards set forth in the LUC.
C. The project meets applicable standards set forth in the Fossil Creek Reservoir
Area Plan.
D. The proposed alternative compliance request to Section 3.2.1(D) entitled Tree
Planting Standards (2) Street Trees (a) is acceptable and approved because the
proposed plan is equal to or better than a plan which would fully comply with the
Land Use Code. .
E. The proposed alternative compliance request to the Street Pattern and
Connectivity Standards contained in section 3.6.3 (F) entitled Utilization and
Provisions of Sub -Arterial Street Connections to and from Adjacent
Developments and Developable Parcels is acceptable and approved because
the proposed plan is, under the particular circumstances of this development
proposal, equal to or better than a plan which would fully comply with the Land
Use Code.
F. The Linden Park Project Development Plan is generally compatible with the
surrounding land uses in that the plan mitigates impacts upon adjacent properties
and is designed to integrate and coordinate with anticipated future adjacent uses.
G. The PDP does not, based on evidence presented to the Hearing Officer,
adversely affect or impact legally recognized or adjudicated water resources.
The applicant's representatives stated that they would work with adjacent
property owners to address drainage patterns and impacts to the extent that
lawful or adjudicated water rights may be harmed by the development.
DECISION
The Linden Park Project Development Plan, Current Planning File #62-98B, is approved
by the Hearing Officer subject to the following conditions:
1. The applicant shall comply with all notes and conditions set forth on the
applicant's plan submittal sheets and accompanying reports, studies, and other
supporting documentation.
2. The applicant shall comply with the applicant's proposed alternative compliance
requests submitted to the City for Section 3.2.1(D) Tree Planting Standards (2)
Street Trees (a), and the Street Pattern and Connectivity Standards contained in
RCM57069.01 \350609.02 -1 O-
well as by future bicycle/pedestrian trails through open space areas in those
developments. The proposed Linden Park PDP local street system consists of
local and connector street system to be accessed from Timberline Road (an
arterial street).
In reviewing the proposed alternative plan, the Hearing Officer must take into
account whether the proposed plan minimized the impacts on natural areas and
features, fosters nonvehicular access, provides for distribution of the
development's traffic without exceeding level of service standards, enhances
neighborhood continuity and connectivity and provides direct sub -arterial street
access to any parks, schools, neighborhood Commercial Districts within or
adjacent to the development from existing or future adjacent development within
the same section mile. The Hearing Officer finds that there is little adverse effect
by permitting alternative compliance since there is sufficient vehicular access and
circulation and based upon the level of standards specified in the traffic study
(attached to staff report). The Linden Park PDP design minimizes impacts on the
a natural area to the north, provides two pedestrian/bike connections in addition
to bike lanes provided on the connecting streets which fosters non -vehicular
access. The design provides for neighborhood continuity and connectivity with
existing developing areas and provides street stubs to the north and south for the
future adjacent development of surrounding developments. The Hearing Officer
finds that the alternative design accomplishes this purpose equally well, as would
a plan that complies with the standard.
8. A citizen in attendance at the hearing expressed concerns for impacts upon off -
site existing mature trees located south and east of the Linden Park
development. These concerns largely related to the impacts of planned
neighboring arterial street improvements which were not directly related to the
Linden Park development although such street improvements were, in part,
made necessary or desirable due to development in the vicinity, including
developments such as Linden Park. Testimony established that planning of
street improvements would likely consider measures and means of mitigating
impacts on existing trees but that these improvements were not made necessary
solely as the result of the Linden Park development.
9. A citizen in attendance at the hearing expressed concerns for impacts of the
Linden Park development upon existing off -site surface water flows and the
diversion of surface flows that naturally fill a small off -site pond to the south of the
property. Testimony established there was no legally recognized or adjudicated
right associated with the off -site pond sufficient to necessitate or mandate the
protection of existing surface flow in its historical pattern. In any event, the
applicant represented that it would continue to work with the owner of the off -site
pond to explore the need to direct or divert waters from the subject property to
ensure the protection of any legally recognized or adjudicated water rights.
RCVN57069.01\350609.02 _9_
provides more trees than otherwise would have been required to be
provided, the proposed alternative plan demonstrates innovative design
and use of landscape elements.
F. The proposed landscaping plan satisfies requirements for minimum
species diversity by providing no more that 15% of the landscaping as a
single plant species. The largest single percentage of one species within
the Linden Park PDP is less than 10%.
7. The Project Development Plan failed to comply with the following section of the
LUC:
• Section 3.6.3(F) Utilization and Provision of Sub -Arterial Street
Connections to and from Adjacent Developments and Developable
Parcels. The applicant formally requested approval of a proposal for
alternative compliance.
Section 3.6.3(F) requires street connections to surrounding properties be
provided at intervals not to exceed 660 feet unless rendered infeasible due to
unusual topographic features, existing development, or a natural area or feature.
The PDP does not fully comply with this requirement for street connections.
The applicant is requesting approval of an alternative compliance proposal to
section 3.6.3(F). The applicant provided justification for alternative compliance
and requested to limit road connectivity to the north to three (3) streets rather
than the required four (4) with the addition of two (2) pedestrian connection
stubs. Street connectivity is further restricted to the west due to the existing
Union Pacific Rail Road.
The Hearing Officer is authorized to grant alternative compliance to section
3.6.3(F) upon finding the alternative plan accomplishes the purposes of the
section equally well or better than a plan which complies with the standards of
the section. The purpose statement for this section of the land use code states,
"This Section is intended to ensure that the local street system is well designed
with regard to safety, efficiency and convenience for automobile, bicycle,
pedestrian and transit modes of travel."
Street connectivity is restricted to the north due to existing wetlands and is
restricted to the west by the Union Pacific Railroad. The north boundary's length
would require four street connections to service re -developed properties to the
north.
Dispersions of pedestrian and vehicular movements are provided in this
residential development at an average separation, which meets the intent of the
Land Use Code. Residents will have the ability to access the schools,
commercial areas, recreational opportunities, parks via the existing and future
local and arterial street system in developments to the north, south and east, as
RCM57 069.01 \350609.02 _8_
The alternative landscape plan deviates from the standards of this section in that
the tree spacing does not occur literally in 30-foot to 40-foot spacing intervals in
parkway strips between curb and sidewalk along local streets where residential
lots are fronting. This PDP is providing several street blocks that are lined with
typical 50-foot wide lots. In order to accommodate 30-foot to 40-foot street tree
spacing along a block face of 50-foot lots, the street trees would be located at
different locations in front of these lots for each lot along that block frontage.
This has proven to be an unworkable scenario when attempting to coordinate
utility services and driveways for these lots. The applicant has proposed an
alternative design that averages the minimum 50-foot spacing along the front and
sides of the block between curb and sidewalk and ornamental trees where
possible behind the sidewalk. With parkway and yard trees provided, Linden
Park's trees provides an average of one tree per 33.67 feet (34 feet) of linear
street frontage, thereby satisfying the street tree spacing requirements as an
average rather than a literal tree by tree measurement.
The Hearing Officer determines that the proposed alternative design satisfies the
purposes of section 3.2.1(D)(2)(a) equally well as a plan that would comply with
the required standard for the following reasons:
A. Because the alternative plan does provide an average of at least 34-foot
spacing intervals, the total minimum number of trees is approximately the
same as it would have been if the trees were spaced at 30 - 40 foot
intervals.
B. Glare and heat build-up are reduced equally well with the same given
number of trees regardless of whether they are spaced at 30 to 40 foot
intervals or whether they are spaced on the average at 34-foot intervals
utilizing the parkway strip and front yards.
C. The visual quality and continuity within and between developments could
be considered equal to or enhanced when providing one or two trees per
lot, spaced at somewhat varying distances up and down the block
frontage rather than using a standard, uniform, and rigid spacing up and
down a block.
D. The issues of screening and mitigation of potential conflicts, the
enhancement of outdoor spacing, the reduction of stormwater runoff, and
the mitigation of air pollution are all equally well addressed with the same
given number of trees regardless of whether they are spaced within the
parkway or within 10 feet behind the sidewalk in the front yard.
E. The proposed reasons for the alternative compliance request is to
emphasize the architectural design of the building entrance, to reconcile
conflicts with necessary utility systems and spacing of such systems, to
provide adequate and safe use of necessary structural features of the
building (such as driveways and walkways). Because the alternative plan
RCVM7069. 01 V350609.02 _7_
acre of residential land. The PDP therefore meets both the allowed land uses
and the minimum net density with 5.36 units per acre and maximum gross
density with 5.23 units per acre.
The Project Development Plan is required to provide a minimum of two housing
types based on fact that the project is more than 30 acres in size. The applicant
has satisfied this requirement by providing the following four housing types: (1)
standard lot detached single-family detached dwellings (lots containing 6000
square feet or more); (2) small lot single-family detached dwellings (lots
containing less than 6000 square feet); (3) two-family dwellings; and (4) single-
family attached dwellings.
6. The Project Development Plan failed to comply with the following section of the
LUC:
• Section 3.2.1(D) Tree Planting Standards (2) Street Trees (a).
The proposed street tree planting is not in accord with sections 3.2.1(D)(2)(a) of
the LUC. Section 3.2.1(D)(2)(a) states, "wherever the sidewalk is separated from
the street by a parkway, canopy shade trees shall be planted at thirty-foot to
forty -foot spacing (intervals) in the center of all such parkway areas." Because
the Linden Park PDP proposes trees at spacing of generally 50 foot intervals
within 6 foot wide parkways (between curb and sidewalk) along the internal local
streets, the plan fails to comply with the applicable requirements.
The applicant is requesting approval of an alternative compliance proposal to
section 3.2.1(D)(2)(a). Section 3.2.1(N) entitled Alternative Compliance states
that upon the request by the applicant, the decision maker may approve an
alternative landscape plan in lieu of a landscape plan that meets the standards of
this section if the decision maker finds that the proposed alternative plan
accomplishes the purposes of this Section equally well or better than would a
plan which complies with the standards of this section. The purpose of the
section to which the alternative compliance language refers is listed in
Section 3.2.1(B) and states, "the intent of this Section is to require preparation of
landscape and tree protection plans that ensure significant canopy shading to
reduce glare and heat build-up, contribute to visual quality and continuity within
and between developments, provide screening and mitigation of potential
conflicts between activity areas and site elements, enhance outdoor spaces,
reduce erosion and stormwater runoff, and mitigate air pollution. Further, section
3.2.1(N)(2) entitled Altemative Compliance Review Criteria states that "in
reviewing the proposed alternative plan for the purposes of determining whether
it accomplishes the purposes of this Section, the decision maker shall take into
account whether the alternative preserves and incorporates existing vegetation in
excess of minimum standards, protects natural areas neighborhood continuity
and connectivity, fosters nonvehicular access, or demonstrates innovative design
and use of plat materials and other landscape elements."
RC=57069.01\350609.02 -6-
Division 3.6 - Transportation and Circulation
Division 3.6.1 - Master Street Plan
The Master Street Plan identifies Timberline Road adjacent to the site as
arterial street. The development plan complies with the Master Street
Plan.
Division 3.6.2 - Streets, Streetscapes, Alleys and Easements
The proposed internal subdivision street system provides adequate
circulation to carry the traffic within the development.
The developer is required to provide improvements to the City's street
system in accordance to the City's street grid system policy and Master
Street Plan.. All street improvements, including right-of-way widths, are in
conformance with city standards based upon the Poudre Fire Authority
and City of Fort Collins Engineering Department's review of the proposed
Project Development Plan. The proposed internal street system provides
adequate circulation for the anticipated traffic within the development.
Division 3.6.4 - Transportation Level of Service Requirements
The Traffic Operations Department, Engineering Department and Transportation
Planning Department reviewed the traffic impact study and the development is
well within the range anticipated of the overall traffic carrying capacity of the
surrounding streets.
Division 3.7 - Compact Urban Growth Standards
Section 3.7.2. Contiguity
The Linden Park, PDP development proposal is exempt from the
applicable contiguity standards, based on the exception of lands within
Fossil Creek Reservoir Area Plan designation.
5. Article 4 - District Standards: The Project Development Plan complies with all
applicable requirements of Article 4, and specifically with the following:
Division 4.4 - Low Density Mixed Use Neighborhood District
In accordance with section 4.4(2)(a) of the Land Use Code, single-family
detached and single-family attached dwellings are allowed in the Low Density
Mixed -Use Neighborhood District (LMN) subject to administrative review with a
public hearing as is the proposed neighborhood park. The LMN zoning district
requires a minimum overall average density of 5 dwelling units/net acre of
residential land and a maximum overall average density of 8 dwelling units/gross
RCWx57069.01\350609.02 _CJ_
Division 3.5 - Buildino Standards
The residential component of the PDP complies with section 3.5.1(D) (building
orientation) by allowing occupants of the residential dwelling units to enter and
exit the buildings directly to and from walkways. Section 3.5.1(F) (building
material requirements) are met since the applicant has represented that the
residential dwelling units within the development will be constructed of the
following building materials:
• High profile asphalt composition shingles;
• 9 inch lap siding;
• Facade colors: neutral tones of tan, beige, brown -gray;
• Trim colors: off-white/cream;
• 14 inch louvered shutters;
• Shutter colors: green, blue -gray, brown and copper; Brick;
• Brick colors: blonde and reddish tones; and
• Stucco and stone may be utilized upon build -out.
The applicant represented that the residential dwelling units will be consistent
with the size, scale, and materials of homes in surrounding neighborhoods in
compliance with sections 3.5.1(B) - 3.5.1(F) of the LUC. The Current Planning
Department, prior to the issuance of building permits, will review the elevations
for conformance with Land Use Code provisions.
Concerning variety of housing models, the Linden Park, PDP Site Plan commits
to providing at least four types of single family housing models, as outlined in
section 3.5.2(B)(1)-(3) of the LUC. The applicant represented that typical
elevations of the proposed models would be submitted to the City for review and
approval prior to issuance of any single family building permits.
Concerning residential building setbacks, the Linden Park PDP Site Plan did not
show and/or identify a minimum setback for every residential building from a
public street right-of-way other than an arterial street right-of-way of fifteen (15)
feet nor has the PDP shown the required side yard setback of five feet and rear
yard setback of fifteen (15) feet as required by Section 3.5.2(D) of the LUC.
Building setbacks will be enforced in accordance with the applicable LUC
requirements at the building permit stage.
Concerning residential garage door requirements, the applicant represented that
all street facing garage doors will be recessed behind either the front facade of
the living area portion of the dwelling or a covered porch (measuring at least 6
feet by 8 feet in plan) by at least 4 feet, and no more than 50% of the ground
floor street -facing facades will be comprised of garage doors. Compliance within
this requirement will be enforced at the building permit stage.
RM57069.01\350609.02 �_
4. Article 3 - General Development Standards: With the exception of two
sections of Article 3 of the LUC separately addressed in Finding and Conclusion
Nos. 6 & 7 (below), the Project Development Plan complies with all applicable
requirements of Article 3, and specifically with the following:
Division 3.2.2 - Access, Circulation and Parkin
The development proposal provides for an internal sidewalk network that
includes detached walkways along the arterial, local, and connector streets.
Primary pedestrian crossings will be defined with pavement treatment and
striping different from that of the vehicular lanes. In accordance with the Land
Use Code, onsite pedestrian systems provide directness, continuity, and safety
and minimize the number of driveway and drive aisle crossings. The developer
proposes enhanced pedestrian refuges and crosswalks with all traffic circles.
The PDP provides off-street and garages spaces for all detached and attached
single-family dwelling units. The number of required on -site parking spaces for
the detached single family portion of the project development would be enforced
at the building permit stage.
Division 3.2.3. Solar Access, Orientation, Shading
The Project Development Plan satisfies section 3.2.3(B) entitled Solar -Oriented
Residential Lots. One hundred eighty four (184) single-family lots in the Linden
Park development are subject to the City's adopted Solar Orientation Ordinance
and a total of one hundred seventy two (172) of the lots meet the intent of and
definitions in the ordinance. This equals 93%, which meets the requirement with
a minimum of 65% of all single family lots comply with the ordinance.
Division 3.4 - Environmental Natural Area. Recreational and Cultural Resource
Protection Standards
The applicant is required to provide street and infrastructure improvements in
accordance to City requirements. To minimize potential impacts to natural areas
to the north of the development, the City requested that the developer minimize
the number of street stubs to the western portion of the north property line (see
Linden Park PDP plan). The applicant proposes three street connections and
two additional pedestrian connections (see also Finding and Conclusion 7
below). There are no natural area buffer zones impacting the Linden Park PDP
that will need to be coordinated with staff. Linden Park PDP improvements,
including vegetation of the open space, detention areas, park lands, and street
and pedestrian corridor connections are required to be in conformance with City
standards. Site improvements will require additional review for Final Compliance
Review.
RUM7069.01\350609.02 -3-
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. There was no requirement for a neighborhood meeting.
PUBLIC HEARING: The Hearing Officer, presiding pursuant to the Fort Collins Land
Use Code (LUC), opened the hearing at 6:00 p.m. on June 12, 2000, 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 (including a traffic
impact study, final drainage report, plats, maps, and illustrations); (3) the illustrations
and maps included in a power -point presentation by planning staff; (4) a sign-up sheet
of persons attending the hearing and citizens speaking in favor or against the
application; (5) a tape recording of testimony providing during the hearing.
FINDINGS AND CONCLUSIONS
The evidence presented to the Hearing Officer established facts supporting the
following findings and conclusions:
1. The surrounding zoning and land uses from the proposed project development
plan are as follows:
N: FA-1 Farming District in Larimer County — existing large acreage
residential
S: FA-1 Farming District in Larimer County — existing large acreage
residential
E: FA-1 Farming District - existing agricultural (West Chase - Planned
Unit Development)
W: RL Low Density Residential in the City of Fort Collins - single family
residential (Paragon 1 and 2)
2. The property was annexed into the City as part of the Keating Annexation Nos. 1
& 2, in May of 1999. The property is presently zoned within the LMN zone district
of the City of Fort Collins.
3. Article 2 - Administration: The Project Development Plan complies with the
process stated in Article 2 and specifically Division 2.2 of the LUC pertaining to
Neighborhood Meetings. The LUC does not require that a neighborhood meeting
be held for Type I development proposals. A neighborhood meeting was not
held.
RCVM7069.01\350609.02 _2_
City of Fort Collins
Commu. f Planning and Environmental " vices
Current Planning
CITY OF FORT COLLINS, COLORADO
ADMINISTRATIVE HEARING OFFICER
TYPE 1 ADMINISTRATIVE HEARING
FINDINGS, CONCLUSIONS, AND DECISION
HEARING OFFICER: Robert Widner
ADMINISTRATIVE HEARING DATE: June 12, 2000
PROJECT NAME: Linden Park, Project Development Plan (PDP) - #62-9813
(Type 1, Administrative Review in the Land Use Code)
APPLICANT: Ms. Louise Herbert
VF Ripley and Associate
401 West Mountain Avenue
Fort Collins, CO 80521-2604
OWNERS: Mr. Terry J. Keating
Ms. Erleen K. Keating
3219 Nelson Lane
Fort Collins, CO 80525
DEVELOPER: TMNFDS, Inc.
220 East Mulberry
Fort Collins, CO 80524
PROJECT DESCRIPTION:
The Linden Park Project Development Plan (PDP) request is for a division of 38.20+
acres of land into two hundred (200) residential dwelling units. The proposed
development will consist of single family detached and attached single family (duplex)
dwelling units on lots ranging from 4,621 square feet to 8,370 square feet and includes
a neighborhood park. The property is north of Trilby Road and west of Timberline
Road.
HEARING OFFICER DECISION: Approval with Conditions
RC=57069.01\350609.02
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020