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Home My WebLink AboutRIGDEN FARM, 5TH FILING, TRACT I, SETTLERS GREEN - PDP - 56-98J - DECISION - FINDINGS, CONCLUSIONS & DECISIONRigden Farms, Settler's Green Filing) PDP/Replat Administrative Hearing June 21, 2001 Page 3 of 11 BACKGROUND The staff report states the following: Background The surrounding zoning and land uses are as follows: N: LMN — Des Moines Drive, Parkside East at Rigden Farm P.D.P., Canby Way, a portion of Rigden Farm filing 1, T — Drake Road, Cargil Research Farm, historic barn, farm land, NW: LMN - LaGrange Multifamily Housing at Rigden Farm P.D.P. (under final compliance review), Parkside West at Rigden Farm P.D.P. (under final compliance review), MMN & NC — Undeveloped phases of the Rigden Farm Development, E: LMN, approved filing 1 of Rigden Farm (under construction), Rigden Farm filing 6 P.D.P. (under review), S: LMN — Custer Drive, a neighborhood center (under construction) including relocated Johnson Farm structures, undeveloped phases of the Rigden Farm Development, RL — existing Dakota Ridge and Stone Ridge Residential Developments, W: LMN — Rigden Parkway, LaGrange Multifamily Housing at Rigden Farm P.D.P. (under final compliance review) MMN & NC — undeveloped phases of the Rigden Farm Development. The property is east of Rigden Parkway, north of Custer Drive, south of Des Moines Drive, and 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 February 15, 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 27 lots in the Settler's Green P.D.P. from the required 15 feet setback to a proposed 9 feet setback. • Section 3.8.3 (1) requires that permitted home occupation uses shall be conducted entirely within a dwelling. The applicant was granted a modification to allow home occupations to be located in rooms built above the detached garages in the rear yard of the lots at Settler's Green. Commu 1 Planning and Environmental ' Current Planning 'vices City of Fort Collins CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION HEARING OFFICER: Cameron Gloss Current Planning Director PROJECT NAME: CASE NUMBER: OWNER/APPLICANT: PROJECT DESCRIPTION: Rigden Farm Settler's Green (5th Filing), Project Development Plan and Replat #56-98J Robert Hand Settler's Green LLLP 1901 Avery Court Fort Collins, CO 80525 This is a request to develop 7 standard single family detached lots (6,000 square feet or more), 18 small lot single-family detached lots (less than 6,000 square feet), and three multifamily lots. Each the single family lots will have at least one single family detached dwelling and have an optional additional unit in the form of a "carriage house unit." All three multifamily lots will have five dwelling units. The minimum number of proposed dwelling units is 39, but may be as many as 54 depending on how many of the single family lots end up with "carriage house units." All lots are served by rear lot vehicular access from public alleys. The request includes a replat of lots 8 through 15 and Tract I of Rigden Farm Filing One. SUMMARY OF RECOMMENDATION AND DECISION: 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 4 modifications were granted. 281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020 Rigden Farms, Settler's Green (5"' Filing) PDP/Replat Administrative Hearing June 21, 2001 Page 11 of 11 DECISION Based on the findings and conclusions, the request for the Rigden Farm Settler's Green (5th Filing), Project Development Plan and Replat is approved. Dated this 5th day of July 2001, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. ,I Cameron Gloss Current Planning Di ector Rigden Farms, Settler's Green (5 h Filing) PDP/Replat Administrative Hearing June 21, 2001 Page 10 of 11 5. The Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code except where the aforementioned modifications were granted by the Planning and. Zoning Board on February 15, 2001 and March 15, 2001. STAFF RECOMMENDATION Staff recommends approval of the Rigden Farm Settler's Green (5th Filing), Project Development Plan, File #56-98J. FINDINGS AND CONCLUSIONS After reviewing the staff report and the record of the public hearing, the Hearing Officer makes the following findings and conclusions: A. The Rigden Farm Settler's Green (5th Filing), Project Development Plan/Replat is subject to administrative review and the requirements of the Land Use Code (LUC). B. The Rigden Farm Settler's Green (5th Filing), Project Development Plan/Replat conforms to the Rigden Farm Overall Development Plan. C. The Rigden Farm Settler's Green (5th Filing), Project Development Plan/Replat complies with all applicable General Development Standards contained in Article 3 of the Land Use Code except Sections 3.5.2(D)(3) and 3.8.3(1) where modifications were granted by the Planning and Zoning Board on February 15, 2001 and March 15, 2001. D. The alternative compliance request to Section 3.2.1(D)(3) satisfies the purpose of the standard equally well as a plan that satisfies the standard because the proposed 18 Honey Locust trees provide adequate tree species diversity, when viewed in context of the larger Rigden Farm development, to prevent insect or disease susceptibility and eventual uniform senescence. E. The Rigden Farm Settler's Green (5th Filing) Project Development Plan/Replat complies with all applicable district standards of Section 4.4 of the Land Use Code, LMN zone district. F. Future development of the property will be required to meet Land Use Code Division 2.6 DEVELOPMENT CONSTRUCTION PERMITS; and, Division 2.7 BUILDING PERMITS. Rigden Farms, Settler's Green (5t' Filing) PDP/Replat Administrative Hearing June 21, 2001 Page 9 of 11 • Section 3.5.2 (D)(3) requires the proposed alley loaded garages to have a minimum side yard setback of 5 feet. The applicant was granted a modification to reduce the required minimum 5 foot side yard setback to a minimum zero setback for alley loaded garages at Settler's Green. In all other cases, the required side and rear yard setbacks will be required to comply with the minimum 5 foot and 15 foot setback requirements. D. Division 3.6, Transportation and Circulation Master Street Plan [3.6.1]—Rigden Parkway adjacent to this site is considered a Collector on the Master Street Plan. The proposed project has been designed consistent with this designation. E. Division 3.8, Supplemental Regulations Home Occupations [3.8.3] — This section requires that permitted home occupation uses shall be conducted entirely within a dwelling. The applicant was granted a modification to allow home occupations to be located in rooms built above the detached garages in the rear yard of the lots at Settler's Green. STAFF FINDINGS OF FACT/CONCLUSIONS After reviewing the Rigden Farm Settler's Green (5th Filing), Project Development Plan, File #56-98J, staff makes the following findings of fact and conclusions: 1. 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 alternative compliance request to Section 3.2.1(D)(3) satisfies the purpose of the standard equally well as a plan that satisfies the standard because this site is a small block of infill surrounded by the overall Rigden Farm development, and when the site is viewed in context with the surrounding blocks on the approved plans for Rigden Farm filing one, the proposed 18 Honey Locust trees along Sitting Bull Way comprise far less than 15% of the species in the immediate vicinity. Rigden Farms, Settler's Green (5t' Filing) PDP/Replat Administrative Hearing June 21, 2001 Page 8 of 11 In accordance with the process established in said code interpretation, the multifamily architectural elevation deferral process for qualifying lots is outlined as follows: • The applicant will request, and the Director will approve or deny, deferral of the review of multifamily buildings. • If approved, at the time of final compliance approval, the project planner shall place a hold on the specific multifamily lots on the city's Development Tracking System (DTS), which will not be removed until the Director has approved the architectural elevations and utility plans. The builder will not be able to obtain a building permit until this administrative hold is removed. • In order to remove the administrative hold on each multifamily lot, the builder will submit architectural elevations and utility plans for each lot to the Current Planning Department for routing and review. • The Director may require changes to the proposed building elevations and utility plans to ensure their compliance with the applicable standards of the Land Use Code. Architectural elevations will be reviewed for residential design and compatibility with existing or approved nearby buildings. 2. 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 will be required to face either and adjacent street sidewalk or a connecting walkway within 200 feet of a street sidewalk at the time of building permit review. 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 along non -arterial streets for all 27 lots in the Settler's Green P.D.P. from the required 15 feet setback to a proposed 9 feet setback. c. Side and Rear Yard Setbacks [3.5.2(D)(3)] — This standard specifies a minimum side yard setback of 5 feet and a minimum rear yard setback of 15 feet. The following two modifications were granted to this standard: • Section 3.5.2 (D)(3) requires that the minimum rear yard setback for all alley loaded garages be at least 8 feet. The applicant was granted a modification to reduce the rear yard setbacks between the alley -garages and the rear property line from 8 feet to 6 feet. Rigden Farms, Settler's Green (51" Filing) PDP/Replat Administrative Hearing June 21, 2001 Page 7 of 11 reviewed the applicants update to the Rigden Farm Overall Traffic Impact Study 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 will be required to have unobstructed vehicular access to and from the public streets at the time of lot specific building permit applications. 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 Rigden Farm Filing One P.D.P. was granted alternative compliance for the Solar Oriented Lot standard, and because the street configuration for this P.D.P. was set by the layout of streets from Filing One, this standard is satisfied. B. Division 3.3, Engineering Standards Plat Standards [3.3.1] — As required, the general layout of the lots, roads, driveways, utilities, drainage facilities, and other services within the proposed development are designed in a way that enhances an interconnected street system within and between neighborhoods. 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 3.5, Building Standards Building and Project Compatibility [3.5.1] — A note has been added to the site plan which defers the review of architectural elevations to the lot specific building permit review. The note reads as follows, "no building permit will be granted for construction of any multifamily lot until the architectural elevations, site, landscape and utility plans for such construction have been approved by the director." This process was established in Administrative Interpretation #2-99 made on July 16, 1999 by Bob Blanchard who was the Current Planning Director at the time (see the attached interpretation memo). Rigden Farms, Settler's Green (5th Filing) PDP/Replat Administrative Hearing June 21, 2001 Page 6 of 11 b. Minimum Species Diversity [3.2.1(D)(3)] — The P.D.P is entirely surrounded by streets that were approved as part of Rigden Farm First Filing. There are 27 trees proposed as part of this P.D.P. The approved trees (from Rigden Farm First Filing) on Rigden Parkway, Custer Drive, and Des Moines Drive, add another 32 street trees to the block for a total of 59 trees. No more than 15% of the trees can be a single species. Given the total proposed number of trees, the applicant would be allowed to have up to 15 trees of a single species. The applicant requests alternative compliance to this section of the code to exceed the maximum allowable number of trees of a single species by three so that the proposed 18 Honey Locust trees on Sitting Bull Way can be allowed. Section 3.2.1(N) 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 this standard is included in the language of the standard itself, which is "to prevent uniform insect or disease susceptibility and eventual uniform senescence on a development site or in the adjacent area or the district." Staff has determined that the alternative design satisfies the purposes of this standard equally well as a plan that satisfies the standard because this site is a small block of infill surrounded by the overall Rigden Farm development, and when the site is viewed in context with the surrounding blocks on the approved plans for Rigden Farm filing one, the proposed 18 Honey Locust trees along Sitting Bull Way comprise far less than 15% of the species in the immediate vicinity. 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 connect directly to the street sidewalks and on -street bicycle paths. b. Transportation Impact Study [3.2.2(C)(8)] —The city Traffic Engineer and the Transportation Planning Department have Rigden Farms, Settler's Green (5°i Filing) PDP/Replat Administrative Hearing June 21, 2001 Page 5 of 11 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) standard lot single-family detached dwellings (lots containing 6,000 square feet or more), (2) small lot single-family detached dwellings (lots containing less than 6,000 square feet), and (3) multifamily 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 1st filing. It is directly south of this PDP site across Custer Drive 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. This standard will be enforced at the time of building permit review. 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 1. Landscaping and Tree Protection [3.2.1] a. Street Trees [3.2.1(D)(2)] —As required, the proposed PDP provides street trees within the landscaped parkway between the curb and the street sidewalk at 30 to 40 foot spacing intervals (averaged along the entire front and sides of the block face). Rigden Farms, Settler's Greet, k5"' Filing) PDP/Replat Administrative Hearing June 21, 2001 Page 4 of 11 The following two modifications were granted by the Planning and Zoning Board on March 15, 2001. • Section 3.5.2 (D)(3) requires that the minimum rear yard setback for all alley loaded garages be at least 8 feet. The applicant was granted a modification to reduce the rear yard setbacks between the alley -garages and the rear property line from 8 feet to 6 feet. • Section 3.5.2 (D)(3) requires the proposed alley loaded garages to have a minimum side yard setback of 5 feet. The applicant was granted a modification to reduce the required minimum 5 foot side yard setback to a minimum zero setback for alley loaded garages at Settler's Green. 2. Compliance with the Overall Development Plan The Rigden Farm Overall Development Plan was approved on April 15, 1999. The Settler's Green Project Development Plan is a 4.54 acre portion that is part of a 34.36 acre parcel identified on the ODP as "parcel H." The proposed use and density are both consistent with the use and density specified on the ODP. Parcel H was identified to consist of at least 150 but no more than 200 multi- family and/or single family dwelling units. This is the final proposed development within the land identified as parcel H on the ODP. The Rigden Farm Filing One P.D.P. had 90 dwelling units approved within parcel H. The Rigden Farm Parkside East P.D.P. had 38 units approved within parcel H. Because Settler's Green is the last remaining undeveloped portion of the ODP's parcel H, the P.D.P. must include at least 22 units and no more than 72 units to be consistent with the ODP. The Settler's Green P.D.P. provides between 39 and 54 units (depending on the number of lots that will have "carriage house units," therefore the P.D.P. complies with the Overall Development Plan. 3. Division 4.4 of the Land Use Code, Low Density Mixed -Use Neighborhood Zone District The proposed uses of single-family detached and multi -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 39 to 54 dwelling units proposed on 4.54 gross acres of residential land, making the development density a range between 8.6 and 11.9 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 12 acres per gross acre of residential Rigden Farms, Settler's Greei, k5t' Filing) PDP/Replat Administrative Hearing June 21, 2001 Page 2 of 11 STAFF RECOMMENDATION: Approval HEARING OFFICER DECISION: Approval ZONING DISTRICT: LMN — Low Density, Mixed -Use Neighborhood NOTICE OF PUBLIC HEARING: Notice of public hearing was made on June 7, 2001 by mailing to property owners within 1,000 feet of the subject property. The public hearing was advertised in the Coloradoan. PUBLIC HEARING After reviewing the Staff Report and recommendation, a public hearing was held on the subject application at 4:00 PM on June 21, 2001. The hearing was held in Conference Room A at 281 North College, Fort Collins, Colorado. HEARING TESTIMONY, WRITTEN COMMENTS AND OTHER EVIDENCE: The following is a list of those who attended the meeting: From the City: Troy Jones, City Planner From the Applicant: Robert Hand, Settler's Green LLLP, Owner Mikal Torgerson, Architect Written Comments: None