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HomeMy WebLinkAboutRIGDEN FARM, 2ND FILING, LAGRANGE MULTI-FAMILY HOUSING - PDP - 56-98D - DECISION - FINDINGS, CONCLUSIONS & DECISIONproperties and is designed to integrate and coordinate with anticipated future adjacent uses. DECISION The Rigden Farm 2"d Filing (La Grange Multifamily Housing), Project Development Plan, File #56-98D 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 all applicable remaining development approval requirements, including but not limited to submission and approval of final plan, development construction permits, and building permits. 3. 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 271h DAY OF JULY, 2000. RobertC. "WidnVer, Hearing Officer RCM57069.03\353853.01 -9- (3) Neighborhood Centers [4.4(D)(3)] — A qualifying neighborhood center has already been provided in the Rigden Farm 1st Filing. It is located adjacent to this PDP site at the southeast corner of Rigden Parkway and Custer Drive. The neighborhood center requirement is therefore not applicable. (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. (C) The PDP meets the applicable Development Standards [4.4(E)] as follows: (1) Streets and Blocks [4.4(E)(1)] — The local street system including the streets surrounding this site and the street within this site results in blocks of developed land that are smaller than 12 acres in size. (2) Maximum Residential Building Height [4.4(E)(3)] — The LMN zone has a maximum height limit of 2.5 stories. The tallest structure proposed as part of this PDP is 2 stories. SUMMARY OF CONCLUSIONS A. Multi -family and two-family dwellings are permitted in the LMN — Low Density, Mixed -Use Neighborhood zone district. B. Multi -family and two-family dwellings are consistent with the Rigden Farm Overall Development Plan (ODP). C. The Project Development Plan complied with the required process stated in Article 2. D. The Project Development Plan complies with all applicable district standards of Section 4.4 of the Land Use Code, LMN zone district. E. The Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code except where modifications were granted by the Planning and Zoning Board on May 18, 2000. F. The Project Development Plan is generally compatible with the surrounding land uses in that the plan addresses impacts and relationships with adjacent RC=57069.03\353853.01 -8- (D) Division 3.6, Transportation and Circulation (1) Master Street Plan [3.6.1] — Both Custer Drive and Rigden Parkway are considered Collectors on the Master Street Plan. The proposed project has been designed consistent with those designations. (2) Streets, Streetscapes, Alleys and Easements [3.6.2] — This section of the code requires that connections of a private drive with a public street shall be made with a driveway cut using the detail titled, "New Driveway Approach" in accordance with city Engineering standards. The applicant was granted a modification to this standard by the Planning and Zoning Board on May 18, 2000. The reason the applicant sought this modification was to connect the private drives to public streets using a raised curb intersection rather than a driveway cut. Except for the intersections of private drives with public streets (where the modification was granted), the proposed project satisfies this standard. 5. Article 4 - General Development Standards: The Project Development Plan complies with all applicable requirements of Article 4 and in particular, the evidence showed that the PDP specifically complied with each of the following: (A) Division 4.4 of the Land Use Code, Low Density Mixed -Use Neighborhood Zone District. The proposed use of multi -family dwellings are permitted in the LMN zone district subject to administrative review. (B) The PDP meets the applicable Land Use Standards [4.4(D)] as follows: (1) Density [4.4(D)(1)] — There are 97 dwelling units proposed on 8.66 gross acres of residential land, making the development density 11.2 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 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 provides 95 multi -family dwellings, and 2 two- family dwellings. RC\M57069.03\353853.01 -7- (C) Division, Building Standards [3.5] (1) Building and Project Compatibility [3.5.1] — The architectural character is consistent and compatible with the architectural character that has been established in the neighborhood with the Rigden Farm First Filing. Main entrances face connecting walkways and street sidewalks. Residential Building Standards [3.5.2] (2) Orientation to a Connecting Walkway [3.5.2(C)(1)] - Every front fagade with a primary entrance to a dwelling unit faces either and adjacent street sidewalk or a connecting walkway within 200 feet of a street sidewalk. For the purposes of this measurement, the 8 foot bicycle/pedestrian path in the green belt area satisfies the definition of a street, and therefore can be used as the street sidewalk from which the 200 foot measurement can be taken. (3) Setback from Non -arterial Streets [3.5.2(D)(2)] — This standard specifies a minimum 15 foot front yard setback along street smaller than arterials. On May 18, 2000, the Planning and Zoning Board granted a modification to this standard for this project to allow: 22 units to have 13 foot setbacks, 4 units to have 11 foot setbacks, 4 units to have 9 foot setbacks, and 1 unit to have a 10 foot setback. Except for units where the above modification was granted, the proposed units facing streets smaller than arterials have provided a front yard setback of at least 15 feet. (4) 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. Technically, by definition, the property lines abutting the green belt are the side and rear yard property lines. In the case of this project, the buildings along the greenbelt have primary entrances to the dwelling units that face the greenbelt. The proposed configuration of the buildings along the greenbelt encroach into the required side and rear yard setbacks, therefore the applicant requested a modification. On May 18, 2000, the Planning and Zoning Board granted a modification of this to allow a varied arrangement of side and rear yard setbacks where the units face the green belt. Except for units affected by the granting of this modification, the side and rear yard setbacks of all other units meet the standard. RC\M57069.03\353853.01 -6- (e) Parking Lots: Required Number of Spaces for Type of Use [3.2.2(K)] — The applicant has been granted a modification to this standard by the Planning and Zoning Board to reduce the number of required parking spaces by 12. The standard requires 180 parking spaces based on the total number of proposed units (and the number of bedrooms in each of those units). The modification changes the minimum number of required parking spaces to 168, which the applicant is providing. (f) Handicap Parking [3.2.2(K)(4)] — Each unit has a garage which will allow handicap parking right at the unit. In addition 3 of the 23 off-street parking spaces provided are handicap spaces. (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. (4) Site Lighting [3.2.4] —Light fixtures similar to the public street lighting within Rigden Farm will be used along the bicycle/pedestrian path in the green belt. Private drives will use decorative lighting fixtures. As required, the lighting levels will not exceed 10 foot-candles on site, and the walkways will be illuminated at least 0.5 foot-candles. (B) Division 3.3, Engineering Standards (1) 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, and drainage 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 to the Planning Department staff that the application satisfies the requirements of this standard. RCW\57069.03\353853.01 -5- to 41 trees of a single species, but the maximum number proposed is 27 trees. (c) Parking Lot Perimeter Landscaping [3.2.1(E)(4)] — There are two parking lots on site with 6 or more spaces. As required, both are screened adequately from the street and adjacent residential uses with plant material of sufficient opacity to block the required amount of vehicle headlights. (d) 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. (2) Access, Circulation and Parking [3.2.2] (a) Direct On -Site Access to Pedestrian and Bicycle Destinations [3.2.2(C)(6)] — The on -site pedestrian destinations include the 8 foot wide path in the green belt, and the street sidewalks. Direct sidewalk connections are provided from the on -site dwellings to these pedestrian destinations. (b) Off -Site Access to Pedestrian and Bicycle Destinations [3.2.2(C)(7)] — The on -site pedestrian/bicycle path located in the green belt will connect with a larger path network that will ultimately provide a direct pedestrian connection between the commercial area west of the site, the majority of the residential areas of Rigden Farm development to the east and southeast of the site, and the regional trail network including the Poudre River Trail. (c) Transportation Impact Study [3.2.2(C)(8)] —The City Traffic Engineer and the Transportation Planning Department have reviewed the applicant's Traffic Impact Study and have found that it meets the required vehicular, pedestrian, bicycle, and transit Level of Service requirements. (d) 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. Off-street guest parking is distributed proportionally to dwelling unit locations that they are intended to serve. RCWX57069.03\353853.01 �_ • Section 3.5.2(D)(2) requires that every residential building be set back at least fifteen (15) feet from a street right-of-way. The Planning and Zoning Board granted a modification to this standard for this project to allow: 22 units to have 13 foot setbacks, 4 units to have 11 foot setbacks, 4 units to have 9 foot setbacks, and 1 unit to have a 10 foot setback. • Section 3.5.2(D)(3) requires that the side yard setback for all residential buildings be at least five (5) feet, and that the rear yard setback be at least fifteen (15) feet. The Planning and Zoning Board granted a modification to this standard to allow a varied arrangement of side and rear yard setbacks where the units face the green belt. • Section 3.2.2(K)(1) requires that multifamily dwellings provide 1.75 parking spaces for each two bedroom dwelling unit and 2.0 parking spaces for each three bedroom dwelling unit. The Planning and Zoning Board granted a modification to this standard to allow the applicant to reduce the number of required parking spaces by 12. • Section 3.6.2(L)(2)(e) requires that a connection of a private drive with a public street shall be made with a driveway cut using the "New Driveway Approach" in accordance with City standards. The Planning and Zoning Board granted a modification to this standard to allow the applicant to connect the private drives to public streets using a raised curb intersection rather than a driveway cut. The evidence presented at the hearing supported a conclusion that the Project Development Plan complies with specific applicable General Development Standards of Article 3 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. (b) Minimum Species Diversity [3.2.1(D)(3)] — The applicant proposes 277 trees. No more than 15% of the trees can be a single species. The applicant would be allowed to have up RCW\57069.03\353853.01 _'3_ 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; (3) photographs of the character of the development site prepared by Planning Department staff; (4) a sign- up sheet of persons attending the hearing and citizens speaking in favor or against the application; and (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. Compatible with Surrounding Uses: The proposed development is found compatible with the following surrounding zoning and land uses: E: LMN Undeveloped phases of the Rigden Farm Development, approved phase 1 of Rigden Farm (under construction), S: LMN Undeveloped phases of the Rigden Farm Development, RL Existing Dakota Ridge and Stone Ridge Residential Developments SE: LMN Neighborhood center (under construction) including relocated Johnson Farm structures. W: MMN & NC Undeveloped phases of the Rigden Farm Development 2. Compliance with ODP: The Rigden Farm Overall Development Plan was approved on April 15, 1999. This 11.71 acre Project Development Plan is part of a 16.39 acre parcel identified on the ODP as "Parcel F." The proposed use and density are both consistent with the use and density specified on the ODP. Parcel F was identified to consist of at least 131 but no more than 196 multi- family and/or single family dwelling units. 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. 4. Article 3 - General Development Standards: With the exception of the following Article 3 requirements, for each of which modifications were previously approved by the Planning and Zoning Board on May 18, 2000, the Project Development Plan complies with all applicable requirements of Article 3. The following four modifications were granted by the Planning and Zoning Board on May 18, 2000: RCW\57069.03\353853.01 -2- City of Fort Collins Commui_ _y 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: July 19, 2000 PROJECT NAME: Rigden Farm 2"d Filing (LaGrange Multifamily Housing), Project Development Plan, Current Planning File #56-98D (Type 1, Administrative Review in the Land Use Code) APPLICANT/ Carl Glaser OWNER/ Glaser Associates DEVELOPER: 215 Jefferson Street Fort Collins, CO 80524 PROJECT DESCRIPTION: A request to develop 97 multi -family housing units on 8.66 acres of land within the Rigden Farm Development at the northwest corner of Rigden Parkway and Custer Drive. HEARING OFFICER DECISION: Approval with Conditions 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 approximately 4:00 p.m. on July 19, 2000, in RC W \57069.031353853.01 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020