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HomeMy WebLinkAboutRIGDEN FARM, 7TH FILING, THE WILLOWS - PDP - 56-98N - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSWe have identified three areas that will require approval of Alternative Compliance to the connectivity standards: 1) The area of the western portion of the Foothills Channel between the Rigden Parkway crossing and the pedestrian bridge adjacent to the off -site Pinecone Apartments. 2) The central section of the Foothills Channel between the Rigden Parkway crossing and the Chase Drive crossing. 3) The eastern portion of the Foothill Channel between the Chase Drive crossing and the Zieglar Road crossing. Rigden Farm Filing -Six Because the Foothills Channel is a city owned regional storm drainage facility, the Stormwater and Natural Resources Departments have requested that we minimize the number of crossings of the Foothills Channel to avoid impact to the hydrologic function and natural resources of the Foothills Channel. The Foothills Channel has a natural habitat resource and wetlands in the channel bottom. Minimizing the number of crossings will help to minimize the potential impact and thus protect and preserve this natural amenity. 1. The area requiring Alternative Compliance is in the area of the western portion of the Foothills Channel between the Rigden Parkway crossing and the pedestrian bridge adjacent to the off -site Pinecone Apartments. The feasibility for either a vehicular and pedestrian crossing at the end of Annelise Court was thoroughly explored in the seventh filing. Eliminating the required crossing in this area was found to not affect the overall safety, efficiency or convenience of the Rigden Farm transportation systems. It was determined that the integrity of the overall Rigden Farm transportation system in regards to intra- neighborhood connectivity will continue to be safe, efficient, and convenient. It will not be compromised. However, adding another crossing in this area would have impacted the Foothills Channel and the existing water quality ponds on the north side of the Foothills Channel constructed as part of Rigden Farm Filing One. Annelise Court, when included with Shaylah Court, is only a 6 lot Cul-de-Sac. These people will be able to walk or ride the short distance to Rigden Parkway in order to cross the Foothills Channel and access the Foothills Channel Trail and Neighborhood Community Center. The people from our development filling seven will not be as interested in connecting with the 6 lots across the channel and if the few people that may be interested want access they will also be able to travel the short distance to Rigden Parkway and cross the channel there as well. There will be both bicycle lanes and sidewalks on the entire Rigden Parkway including the Foothills Channel vehicular and pedestrian crossing. The majority of the residents of Rigden Farm will not be inconvenienced because of this proposed plan. They will use Rigden Parkway for crossing the Foothills Channel in this area. 8. Rigden Farm will be a safe pedestrian friendly community with inter -connected neighborhoods. 9. The proposed path systems on each side of the Foothills channel will provide adequate pedestrian and cyclist connections to adjacent neighborhoods and the proposed Neighborhood Center in Rigden Farm. 10. By limiting the number of crossings, the proposed Rigden Farm plan will minimize the impact to the stormwater hydrologic function of the Foothills Channel and minimize the potential impact to the natural habitat and wetlands with in the Foothills Channel. This will help to preserve and protect the important existing natural habitat and wetlands associated with the Foothills Channel. Thank you for reviewing this Alternative Compliance for the City of Fort Collins Land Use Code 3.6.3 Street Pattern and Connectivity Standards. Rigden Farm, LLC is seeking approval to the three areas proposed for Alternative Compliance because we believe that Rigden Farm is a well planned, safe, efficient, and convenient neighborhood to reside in. These three areas proposed Alternative Compliance will help to preserve the existing natural habitat and wetlands associated with the Foothills Channel and to reduce impact on the storm drainage function of the channel. It is a plan that is equal to or better than a plan that complies with the standards in this Division. Should you have any questions or require additional information, please give me a call at 303-9892026. Sincerely, S ruction Lance R. S ayton President This request for Alternative Compliance will not affect the overall Rigden Farm transportation system in regard to safety, efficiency and convenience. Justification In reviewing this Alternative Compliance, please note the following on the proposed plan: 1. The proposed Rigden Farm modified grid street system and off-street pedestrian path and trail systems will enhance the neighborhood continuity and connectivity. These systems have been well designed to provide a safe, efficient, and convenient transportation system that provides intra-neighborhood connectivity. 2. The proposed Rigden Farm Plan fosters non -vehicular access — neighborhoods will have sidewalks separated from the streets by a parkway with street tree plantings to encourage pedestrian usage. 3. All streets in Rigden Farm will have bicycle lanes. Some local streets have been widened to accommodate bicycle lanes. 4. The path system will have enhanced street crossings. The proposed Foothills Channel Trail will have raised and enhanced street crossings. 5. The intersections of streets in Rigden Farm have been designed to have 'bump - outs' for pedestrian refuge. These systems will help to provide a well planned, safe, efficient, and pedestrian -friendly transportation system. 6. The proposed Rigden Farm transportation system of vehicular and off-street pedestrian system will not exceed the Level of Service Standards. 7. There are numerous proposed off-street pedestrian/bicycle trail and path systems throughout entire Rigden Farm project: • A proposed path connecting the proposed Neighborhood Commercial Center to the existing Neighborhood Community Center and Park. • A proposed path within the existing main sewer trunk line easement running the entire north and south axis of Rigden Farm. This proposed path will connect the developments south of Rigden Farm (Dakota Ridge and Stone Ridge) to the Rigden Farm neighborhoods and north to the Poudre River Trail. • The existing and proposed sections of the City of Fort Collins Foothills Channel Trail, dedicated to the City by this development. • A proposed trail to provide a direct connection to the Poudre River Trail when County Road 9 is relocated in the new Drake/Zeigler Road alignment. • And numerous other paths that will provide intra-neighborhood connections. CONSTRUCTION December 13, 2000 Revised March 28, 2001 Revised July 26, 2001 Revised November 1, 2001 Troy Jones City of Fort Collins 281 N. College Avenue P.O. Box 580 Fort Collins, CO 80522-0580 RE: Rigden Farm Filing Seven (The Willow) Project Development Plan Request for Alternative Compliance for City of Fort Collins Land Use Code 3.6.3 Street Pattern and Connectivity Standards. Dear Troy: This letter is to request Alternative Compliance for the project mentioned above. The Land Use Code 3.6.3 Street Pattern and Connectivity Standards (B) General Standard requires that, "Local street system must provide for both intea- and inter -neighborhood connections to knit developments together, rather than forming barriers between them" and (F) Utilization and Provision of Sub -Arterial Street Connections to and from Adjacent Developments and Developable Parcels requires that, "All development plans shall provide for future public street connections to adjacent developable parcels by providing a local street connection spaced at intervals not to exceed six hundred sixty (660) feet along each development plan boundary that abuts potentially developable or redevelopable land.". Request This request for Alternative Compliance is to allow for a planned internal trail system to be used as the Alternative Compliance to the Land Use Code Connectivity Standards. The City of Fort Collins Foothills Channel bisects the site. This Channel is an important stormwater drainage system and a growing environmental amenity to the area. The more crossings that are proposed, the more the integrity of this stormwater facility and environmental amenities are jeopardized. 215 UNION BOULEVARD, SUITE 220 • LAKEWOOD, COLORADO • 80228 PHONE: (303) 989-2026 • FAX: (303) 989-2049 EMAIL: LANCE@SLAYTHOMES.COM From: Tim Dunn To: Troy Date: 11r9t2001 Time: 8:30:40 AM Page 3 of 3 6. How does the proposed alternative landscape plan mitigate air pollution equally well or better than a plan which complies with the standards? The pmpared landregotplanp=i*.r more tmu than am ►squired which would preside mom w"n production and fi-6milt of aispe&aox 7. Explain the whether and the extent to which the alternative landscape plan preserves and incorporates existing vegetation in excess of minimum standards? The site bar three Am of significant rile, wbah am berng rayed to retain the d wader. The existing Wlt!/om being tawd it inrporiant far the name of thepiged and irpart of thepmsersvd open apace inmrpomted in tbe.rimplan. 8. Explain the whether and the extent to which the alternative landscape plan protects natural areas and features? Notapp&ahk- 9. Explain the whether and the extent to which the alternative landscape plan maximizes tree canopy cover? The pmpand landscape plan with the are of ornamental tree dha»ifiu the rtmetrc*t and rAWpmyiAr tmr that mae i 25— "ft in canopy ght 10. Explain the whether and the extent to which the alternative landscape plan enhances neighborhood continuity and connectivity? Not applicable. 11. Explain the whether and the extent to which the alternative landscape plan foster non vehicular Access? Not 4)*azb/e. IZ Explain the whether and the extent to which the alternative landscape plan demonstrates Innovative design and use of plant materials and other landscape elements? The intmdaction of Ommental tmr adr raariety and intemlt Ap the rtmaficg6e with smaller user, different textures and spring anion: Ornaments am cared at entrier and intersection tbmrgbout thepmfed snaring tax intended themre. I would like your consideration of our request for an Alternative Compliance for Section 3.2.10). If you have any questions or comments, please feel free to call me anytime. I look forward to hearing from you soon. all Rigden Farm, Seventh Filing, The Willow, P.D.P., File #56-98N November 29, 2001 Type 1 Hearing Page 12 distance to Rigden Parkway in order to cross the Foothills Channel; and • The plan maintains access and circulation facilities for bicycles, pedestrians and transit to the "maximum extent feasible." 6. The Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code except where modifications to Section 3.5.2(D)(2) and Section 3.5.2(D)(3) were granted by the Planning and Zoning Board on 6/21/01, and where the alternative compliance to Sections 3.2.1(D)(2) & 3.6.3 are requested. RECOMMENDATION: Staff recommends approval of the Rigden Farm, Seventh Filing, The Willow, P.D.P., File #56-98N. Rigden Farm, Seventh Filing, The Willow, P.D.P., File #56-98N November 29, 2001 Type 1 Hearing Page 11 Neighborhood Commercial Districts within or adjacent to the development within the same section mile. The elimination of this required street connection on the alternative plan does not hinder the plan's ability to enhance neighborhood continuity and connectivity and provide direct, sub - arterial street access to any parks, schools, neighborhood centers, commercial uses, employment uses and Neighborhood Commercial Districts within or adjacent to the development within the same section mile. FINDINGS OF FACT/CONCLUSIONS After reviewing the Rigden Farm, Seventh Filing, The Willow, P.D.P., staff makes the following findings of fact and conclusions: The Project Development Plan is subject to Type 1 review. 2. The Project Development Plan is consistent with the Rigden Farm Overall Development Plan. 3. The Project Development Plan complies with all applicable district standards of Section 4.4 of the Land Use Code, LMN zone district. 4. The proposed alternative landscape plan reflecting the alternative compliance request to section 3.2.1(D)(2) satisfies the purpose of the standard equally well or better than a landscape plan satisfying the standard because: • The proposed landscape plan- actually exceeds the number of trees required with the use of ornamental trees, so the proposed plan has more shade than a plan meeting the standard; • The visual variety within the development is enhanced by having ornamental trees which add interest to the streetscape by adding different textures and spring colors; • The visual variety between developments is not affected by the request; • Screening and mitigation of potential conflicts between activity areas and site elements is not affected by the request; • Erosion and stormwater runoff are not affected by the request; and • The alternative landscape plan provides more trees than are required which would provide more oxygen production and filtering of air pollution than would a plan that complies. 5. The alternative landscape plan reflecting the alternative compliance request to section 3.6.3 satisfies the purpose of the section equally well as a landscape plan satisfying the standard because the proposed alternative plan provides a local street system that is well designed with regard to safety, efficiency and convenience for automobile, bicycle, pedestrian and transit modes of travel because: • It is just as safe for the said modes of travel to use the proposed local street system as it would to use the required local street system; • The proposed neighborhood will be able to walk or ride a short Rigden Farm, Seventh Filing, The Willow, P.D.P., File #56-98N November 29, 2001 Type 1 Hearing Page 10 • "Feasible" is defined in Webster's Dictionary as "capable of being done or carried out." • "Prudence" is defined in Webster's Dictionary as "skill and good judgement in the use of resources." • Because of the location and design of the existing stormwater ponds on the north side of the Foothills Channel, there is only one location where a pedestrian connection across the channel is feasible, which would be roughly 430 feet west of the Rigden Parkway vehicular crossing. A pedestrian crossing at that location would have a very minimal affect on enhancing the access and circulation facilities for bicycles, pedestrians and transit. Such a connection wouldn't be "prudent" because it wouldn't be an efficient use of resources. Therefore, staff finds that the alternative plan maintains access and circulation facilities for bicycles, pedestrians and transit to the "maximum extent feasible." Additional Considerations the Decision Maker Shall Consider In reviewing the proposed alternative plan, the decision maker shall take into account whether the alternative plan minimizes impacts on natural areas and features. The Rigden Farm 71" filing has no natural areas and features identified on the City's Natural Areas and Features Inventory Map. However, there are wetlands associated with the Foothills Channel. The Natural Resources Department has requested that both vehicular and pedestrian/bicycle bridge crossings of the channel be minimized to reduce the impact to these wetlands. The proposed alternative plan has less impact to these wetlands than would a plan that satisfies the standard. In reviewing the proposed alternative plan, the decision maker shall take into account whether the alternative plan fosters non -vehicular access. Although a plan satisfying the standard would foster non -vehicular access, the proposed alternative plan does as well. The applicant points out that the neighborhoods will have sidewalks separated from the streets by a parkway with street tree plantings to encourage pedestrian usage. In reviewing the proposed alternative plan, the decision maker shall take into account whether the alternative plan provides for distribution of the development's traffic without exceeding level of service standards. Although a plan satisfying the standard would help with the distribution of traffic within the development, the proposed alternative plan does in fact provide for the distribution of the development's traffic without exceeding level of service standards. In reviewing the proposed alternative plan, the decision maker shall take into account whether the alternative plan enhances neighborhood continuity and connectivity and provides direct, sub -arterial street access to any parks, schools, neighborhood centers, commercial uses, employment uses and Rigden Farm, Seventh Filing, The Willow, P.D.P., File #56-98N November 29, 2001 Type 1 Hearing Page 9 modes of travel equally well as a plan and design that complies with the standard. Safety for automobile, bicycles, pedestrian, and transit modes of travel is not reduced by eliminating the required crossing because it is just as safe for the said modes of travel to use the proposed local street system as it would to use the required local street system. Staff therefore finds that the proposed alternative plan is well designed with regard to Safety equally well as a plan that meets the standard. The proposed alternative plan provides a local street system that is well designed with regard to efficiency for automobile, bicycle, pedestrian and transit modes of travel equally well as a plan and design that complies with the standard: • "Efficient" is defined in Webster's Dictionary as "productive without waste." • Efficiency for automobile, bicycles, pedestrian, and transit modes of travel is not reduced by eliminating the required crossing because the required connection would only serve to enhance connectivity to 6 lots fronting a cul-de-sac. Without the connection, residents within this area will be able to walk or ride a short distance to Rigden Parkway in order to cross the Foothills Channel. Staff therefore finds that the proposed alternative plan is well designed, with regard to efficiency, equally well as a plan that meets the standard. The proposed alternative plan provides a local street system that is well designed with regard to convenience for automobile, bicycle, pedestrian and transit modes of travel equally well as a plan and design that complies with the standard: • "Convenient" is defined in Webster's Dictionary as "suited to personal comfort or ease of performance." • Convenience for automobile, bicycles, pedestrian, and transit modes of travel is not reduced by eliminating the required crossing because the people living in the proposed neighborhood will be able to walk or ride a short distance to Rigden Parkway in order to cross the Foothills Channel. Staff therefore finds that the proposed alternative plan is well designed with regard to convenience equally well as a plan that meets the standard. The alternative plan reduces access for vehicles to cross the channel. To the maximum extent feasible, the alternative plan maintains access and circulation facilities for bicycles, pedestrians and transit. • "Maximum extent feasible" is defined in Article 5 of the LUC as "no feasible and prudent alternative exists, and all possible efforts to comply with the regulation or minimize potential harm or adverse impacts have been undertaken." Rigden Farm, Seventh Filing, The Willow, P.D.P., File #56-98N November 29, 2001 Type 1 Hearing Page 8 . approved gave staff the authority to make the judgement as to whether or not that character has been maintained in the Project Development Plan application. In review of the elevations against said drawing, staff has determined that the proposed architectural elevations meet this condition. c. Side and Rear Yard Setbacks [3.5.2(D)(3)] — The minimum side yard setback for all residential buildings is required to be 5 feet from the property line except that in a zero -lot line developments, when a zero (0) feet setback is used on one side lot line, at least six (6) feet setback is required on the opposite side property line. The applicant was granted a modification to increase the zero (0) foot side yard setback to a one (1) foot side yard setback to accommodate the roof overhangs while the other side yard setback continues to have a minimum of six (6) feet under the condition that a "right to use and occupy" easement is granted for the one foot side yard on affected lots. In all other cases, the required side and rear yard setbacks comply with the requirements. Staff will ensure that this "right to use and occupy' easement will be required to be granted upon final compliance approval. D. Division 3.6, Transportation and Circulation 1. Master Street Plan [3.6.1]—Rigden Parkway and Custer Drive adjacent to this site are both considered collectors on the Master Street Plan. The proposed project has been designed consistent with this designation. 2. Street Pattern and Connectivity Standards [3.6.3] — This standard requires that this development provide a street connection between this development and the adjacent development to the south. The applicant has requested alternative compliance to this standard. Alternative to Street Pattern and Connectivity Standards — Section 3.6.3(F) requires one public street connection across the Foothills Channel in the section between the pedestrian bridge by the Pinecone Apartments and the street crossing at Rigden Parkway. The applicant proposes a plan that has no channel crossings in this section. Equal to or Better Than Argument The decision maker must find that the proposed alternative plan accomplishes the purpose of the Division [of the code being modified] equally well or better than would a plan and design which complies with the standards of the Division. The purpose of the section, as stated in 3.6.3(A) of the LUC, "is intended to ensure that the local street system is well designed with regard to safet , efficiency and convenience for automobile, bicycle, pedestrian and transit modes of travel. The proposed alternative plan provides a local street system that is well designed with regard to safety for automobile, bicycle, pedestrian and transit Rigden Farm, Seventh Filing, The Willow, P.D.P., File #56-98N November 29, 2001 Type 1 Hearing Page 7 owned regional trail running along the south boundary of the property. b. Transportation Impact Study [3.2.2(C)(8)] —The City Traffic Engineer and the Transportation Planning Department have reviewed the Project Development Plan and have found that it meets the required vehicular, pedestrian, bicycle, and transit Level of Service requirements. c. Access and Parking Lot Requirements [3.2.2(D)] — Pedestrian areas are clearly differentiated from vehicular areas. All off- street parking spaces have unobstructed vehicular access to and from the public streets. This standard is therefore satisfied. 3. Solar Access, Orientation, Shading [3.2.3] — The layout of the project does not cast unreasonable shadows within the site or on adjacent properties so as not to impair the access to sunshine for potential solar energy systems or for solar -oriented rooftop surfaces. The required percentage of solar oriented lots has been provided. B. Division 3.3, Engineering Standards 1. Plat Standards [3.3.1] — Proper right-of-way has been dedicated for public streets, emergency easements, and utility easements have been provided as needed to serve the area being platted. 2. Water Hazards [3.3.3] — The Stormwater Department has reviewed the application and has indicated that the application satisfies the requirements of this standard. C. Division, Building Standards [3.5] 1. Residential Building Standards [3.5.2] a. Orientation to a Connecting Walkway [3.5.2(C)(1)] - Every front fagade with a primary entrance to a dwelling unit faces either an adjacent street sidewalk or a connecting walkway within 200 feet of a street sidewalk. b. Setback from Nonarterial Streets [3.5.2(D)(2)] —This standard specifies a minimum 15 foot front yard setback along street smaller than arterials. The applicant was granted a modification to reduce the front setback for all lots along non - arterial streets in the P.D.P. from the required 15 feet setback to a 9 feet setback. This modification was granted under the condition that the architectural character (as shown in a colored drawing that was submitted to the Planning and Zoning Board titled "The Willow at Rigden Farm") is maintained and not compromised. The motion that was Rigden Farm, Seventh Filing, The Willow, P.D.P., File #56-98N November 29, 2001 Type 1 Hearing Page 6 shall take into account whether and the extent to which the alternative plan enhances neighborhood continuity and connectivity. Neighborhood continuity and connectivity is not affected by the alternative compliance request. In reviewing the proposed alternative plan, the decision maker shall take into account whether and the extent to which the alternative landscape fosters non -vehicular access. Non - vehicular access is not affected by the alternative compliance request. In reviewing the proposed alternative plan, the decision maker shall take into account whether and the extent to which the alternative landscape plan demonstrates innovative design and use of plant materials and other landscape elements. The introduction of ornamental trees ads variety and interest to the streetscape with smaller trees, different textures and spring colors. Ornaments are used at entries and intersections throughout the project creating the intended theme. c. Minimum Species Diversity [3.2.1(D)(3)] — The landscape plan does not exceed the maximum allowable percentage of 15% of a single species of trees, thereby it satisfies this standard. d. Foundation Plantings [3.2.1(E)(2)(d)] — As required, all exposed sections of building walls that are in high -use or high - visibility areas of the building exterior have planting beds at least 5 feet wide along at least 50% of such walls. e. Parking Lot Perimeter Landscaping [3.2.1(E)(4)] — There are two off-street parking lots on site with 6 or more spaces. As required, both are screened adequately from the street and adjacent residential uses. f. Parking Lot Interior Landscaping [3.2.1(E)(5)] — As required, at least 6% of the interior area of all parking lots containing 6 or more spaces are landscaped areas. All landscaped islands within parking lots have raised curbs and have at least one tree. g. Tree Protection and Replacement — [3.2.1(F)] — As required, existing significant trees within the site are preserved to the extent reasonably feasible. There are three significant trees that on site, all of which are being preserved. 2. Access, Circulation and Parking [3.2.2] a. Off -Site Access to Pedestrian and Bicycle Destinations [3.2.2(C)(7)] — The on -site pedestrian/bicycle network connects directly to the street sidewalks and an existing city- Rigden Farm, Seventh Filing, The Willow, P.D.P., File #56-98N November 29, 2001 Type 1 Hearing Page 5 The proposed alternative landscape plan contributes to visual quality and continuity within and between developments better than a plan which complies with the standard. The visual variety within the development is enhanced by having ornamental trees which add interest to the streetscape by adding different textures and spring colors. The visual variety between developments is not affected by the request. The proposed alternative landscape plan provides screening and mitigation of potential conflicts between activity areas and site elements equally well as would a plan which complies with the standard. Screening and mitigation of potential conflicts between activity areas and site elements is not affected by the request. The alternative landscape plan reduces erosion and stromwater runoff equally well as a plan which complies with the standard. Erosion and stormwater runoff are not affected by the request. The proposed alternative landscape plan mitigates air pollution better than a plan which complies with the standard. The alternative landscape plan provides more trees than are required which would provide more oxygen production and filtering of air pollution than would a plan that complies. Additional Considerations the Decision Maker Shall Consider In reviewing the proposed alternative plan, the decision maker shall take into account whether and the extent to which the alternative landscape plan preserves and incorporates existing vegetation in excess of minimum standards. The site has three trees of significant size, which are being saved to retain the character. The existing Willow being saved is important for the name of the project and is part of the preserved open space incorporated in the site plan. In reviewing the proposed alternative plan, the decision maker shall take into account whether and the extent to which the alternative landscape plan protects natural areas and features. No natural areas and features are affected by the alternative compliance request. In reviewing the proposed alternative plan, the decision maker shall take into account whether and the extent to which the alternative landscape plan maximizes tree canopy cover. The proposed landscape plan with the use of ornamental trees diversifies the streetscape and still provides trees that reach 25 to 30 feet in canopy height. In reviewing the proposed alternative plan, the decision maker Rigden Farm, Seventh Filing, The Willow, P.D.P., File #56-98N November 29, 2001 Type 1 Hearing Page 4 1. Landscaping and Tree Protection [3.2.1] a. Full Tree Stocking [3.2.1(D)(1)(c)] —As required, the landscape plan provides formal and informal groupings of trees in 20 to 40 foot spacing in all landscaped areas within 50 feet of all buildings. b. Street Trees [3.2.1(D)(2)] —The applicant is requesting alternative compliance to this standard. See below. Alternative Compliance to Street Tree Standards — Section 3.2.1(D)(2) requires that whenever the sidewalk is separated from the street by a parkway, canopy shade trees are to be planted at thirty-foot to forty -foot spacing (averaged along the entire front and sides of the block face) in the center of such parkways, except that ornamental trees shall be substituted for the required canopy shade trees where overhead fixtures prevent normal growth and maturity. The proposed landscape plan does not satisfy this because there are a number of ornamental trees proposed as street trees in locations where there is not a conflict with overhead fixtures. Alternative compliance is however available for this standard. Section 3.2.1(N) gives the hearing officer the authority to approve an alternative landscape plan that may be substituted for a landscape plan meeting the required standard provided the applicant can justify the alternative plan in accordance with the review criteria listed in section 3.2.1(N)(2) of the LUC. Equal to or Better Than Argument The decision maker must find that the proposed alternative plan accomplishes the purpose of the Division [of the code being modified] equally well or better than would a plan and design which complies with the standards of the Division. The purpose of the section, as stated in 3.2.1(B) of the LUC is as follows, "to 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." The proposed alternative landscape plan ensures significant shading to reduce glare and heat build up better than a plan which complies with the standard. The landscape plan actually exceeds the number of trees required with the use of ornamental trees, so the proposed plan has more shade than a plan meeting the standard. Rigden Farm, Seventh Filing, The Willow, P.D.P., File #56-98N November 29, 2001 Type 1 Hearing Page 3 3. Division 4.4 of the Land Use Code, Low Density Mixed -Use Neighborhood Zone District The proposed uses of single-family detached dwellings, single family attached dwellings, and two-family dwellings are permitted in the LMN zone district subject to administrative review. A. The PDP meets the applicable Land Use Standards [4.4(D)] as follows: Density [4.4(D)(1)] — There are 158 dwelling units proposed on 16.0 gross acres of residential land, making the development's density 9.9 dwelling units per gross acre. The proposed development exceeds the minimum density requirement of 5 dwelling units per net acre. Because this development was part of the Rigden Farm ODP which distributed the LMN density over a larger area, this site is allowed a maximum density of up to 12 acres per gross acre of residential land. The proposed development does not exceed this maximum density limitation. 2. Mix of Housing [4.4(D)(2)] — Because the Project Development Plan contains less than 30 acres, only one housing type is required. The proposed design does however provide the following three housing types: (1) single-family detached dwellings, (2) single-family attached dwellings, and (3) two-family dwellings. This standard is therefore satisfied. 3. Neighborhood Centers [4.4(D)(3)] — A qualifying neighborhood center has already been provided in the Rigden Farm 1 s' filing. It is directly east of this PDP site across Rigden Parkway at the southeast corner of Rigden Parkway and Custer Drive. This standard is therefore satisfied. 4. Small Neighborhood Parks [4.4(D)(7)] — There is a qualifying neighborhood park that is part of the neighborhood center provided in the first filing. This park is located within 1/3 mile of 100% of the units in this proposed PDP, and thereby satisfying this standard. B. The PDP meets the applicable Development Standards [4.4(E)] as follows: 1. Streets and Blocks [4.4(E)(1)] — The local street results in blocks of developed land that are smaller than 12 acres in size. This PDP therefore satisfies this standard. 2. Maximum Residential Building Height [4.4(E)(3)] — The LMN zone has a maximum height limit of 2.5 stories. The applicant does not propose to exceed this requirement, therefore this standard is satisfied. 4. Article 3 of the Land Use Code — General Development Standards The Project Development Plan complies with all applicable General Development Standards as follows: A. Division 3.2, Site Planning and Design Standards Rigden Farm, Seventh Filing, The Willow, P.D.P., File #56-98N November 29, 2001 Type 1 Hearing Page 2 COMMENTS: 1. Background The surrounding zoning and land uses are as follows: N: LMN — Custer Drive, LaGrange Multifamily Housing at Rigden Farm P.D.P. (under construction), Parkside West at Rigden Farm P.D.P. (under construction), MMN — Undeveloped phases of the Rigden Farm Development, NW: MMN & NC — Undeveloped phases of the Rigden Farm Development, W: LMN — Timberline Church (under construction), SW: LMN — Foothills Drainage Channel, MMN — existing Pinecone Apartments, RL — existing Dakota Ridge Neighborhood, S: LMN — Foothills Drainage Channel, Rigden Farm 6th Filing (under review), E: LMN - neighborhood center, approved filing 1 of Rigden Farm (under construction), Rigden Farm 6th filing (under review), NE: LMN — traffic circle at the intersection of Rigden Parkway and Custer Drive, Rigden Farm, Filing 5, Settler's Green (under construction), approved filing 1 of Rigden Farm (under construction). The property is west of Rigden Parkway, south of Custer Drive, north of the Foothills Drainage Channel. The majority of the property was annexed into the city as part of the Rigden Farm Annexation in August of 1988, and a small portion of the property was annexed into the City as part of the Timberline Annexation in November of 1997. The following two modifications were granted by the Planning and Zoning Board on June 21,2001. • Section 3.5.2(D)(2) requires that every residential building be set back fifteen (15) feet from a street right-of-way. The applicant was granted a modification to reduce the front setback along non -arterial streets for all lots in the Rigden Farm, 7th Filing, The Willow, P.D.P. from the required 15 feet setback to a proposed 9 feet setback. • Section 3.5.2(D)(3) requires that zero lot line configurations have zero (0) feet setback on one side of the lot line and at least six (6) feet setback on the other side property line. The applicant was granted a modification to increase the zero (0) foot side yard setback to a one (1) foot side yard setback to accommodate the roof overhangs while the other side yard setback continues to have a minimum of six (6) feet. 2. Compliance with the Overall Development Plan The Rigden Farm Overall Development Plan was approved on April 15, 1999. This P.D.P. is the same property identified as Parcel G on the O.D.P. The O.D.P. specifies that Parcel G has a minimum of 136 dwelling units and a maximum of 205 dwelling units for this site. The applicant proposes 158 dwelling units, which is consistent with the use and density specified on the ODP. ITEM NO. '11ppl-3 ` - MEETING DATE Y'y y. STAFF Citv of Fort Collins HEARING OFFICER STAFF REPORT PROJECT: Rigden Farm, Seventh Filing, The Willow, P.D.P., File #56-98N OWNER/APPLICANT: Lance Slayton Slayt Construction 215 Union Blvd. Lakewood, CO 80228 PROJECT DESCRIPTION: This is a request to develop 18 single-family detached dwelling lots, 104 single family attached dwelling units, and 36 two-family dwelling units, constituting a total of 158 units on 16.0 acres. The site is located within the Rigden Farm Overall Development Plan area, and is in the Low Density Mixed -Use Neighborhood (LMN) zoning district. RECOMMENDATION: Approval EXECUTIVE SUMMARY: The proposed land uses are permitted in the LMN — Low Density, Mixed -Use Neighborhood zone district. The land uses are consistent with the Rigden Farm Overall Development Plan. The Project Development Plan complies with all applicable district standards of Section 4.4 of the Land Use Code, LMN zone district. The Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code except where two modifications were granted, and where the alternative compliance to sections 3.2.1(D)(2) & 3.6.3 are requested. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 PLANNING DEPARTMENT From: Tim Duren To: Troy Date: 11/9/2001 Time: 8:30:40 AM Page 2 of 3 TIM DUNN & ASSOCIATES 6948 DAVENTRY PLACE CASTLE ROCK, COLORADO 80104 PH:(303) 814-7778 FAX:(303) 814.-7779 October 31, 2001 Mt. Troy W. Jones City Planner City of Fort Collins 281 North College Avenue P.O. Bog 580 Fort Collins, Colorado 80522-0580 RE: Rigden Farm, 7a Filing, The Willows Dear Troy, Per our conversation yesterday, I am writing this letter to apply for an Alternative Comp62ace as outlined in Section 3.2.1 (N) of the City of Fort Collins Landscaping and Tree Protection section. It is our intent to fully comply with all standards set forth by the section aforementioned with only one exception. The constraints set for by the site utilities and light pole locations limit us as the number and location of canopy trees we can fit along the streetscape. Our solution is to add the use of ornamental trees which can be planted closer to light poles and will let us actually exceed the number of required street trees set forth by the City. The use of ornamental trees provides visual interest, colon; and breaks up the canopy trees and seems to be a good solution for a diverse and interesting streetscape. Standard Questions and Answers for Alternative Compliance t How does the proposed alternative landscape plan ensure significant canopy shading to reduce glare and heat build up equally well or better than would a plan which complies with the standards? The L wdr=pe Plan acAv4 exm& the mrmber of Neer segnired with the nre of orxameaW hies, So tie damns ofglme rend beat berildrp u hugof'rcant. 2. How does the proposed alternative landscape plan contribute to visual quality and continuity within and and between developments equally well or better than would a plan which complies with the standards? Not app"" 3. How does the proposed alternative landscape plan provide screening and mitigation of potential conflicts between activity areas and site elements equally well or better than would a plan which complies with the standards? Not appfirabk 4. How does the alternative landscape plan enhance the outdoor spaces equally well or better than a plan which complies with the standards? The madwr,porrt world begmatly enianted by the spring tolorr, fall w1m, hVr and texkaer of dv ornamental Neer. S. Haw does the proposed alternative landscape plan reduce erosion and stormwater runoff Equally well or better than a plan which complies with the standards? Not applitabk.