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HomeMy WebLinkAboutRIGDEN FARM FILING SEVENTEEN - PDP - PDP130015 - DECISION - FINDINGS, CONCLUSIONS & DECISIONb. Pursuant to Sections 2.1.3(C) and 2.2.11(C) of the Code, approval of the PDP does not establish any vested property rights. DATED this 15th day of August, 2013. Marcus A. McAskm Hearing Officer 2) 3.5.2 Residential Building Standards: Sec. 3.5.2(E)(4) requires a minimum lot width of 50 feet (50') for single- family detached dwellings if the garage and/or driveway is served by access from the abutting street, unless such lot also adjoins an alley or is located at the comer of two public streets. All of the proposed lots in the PDP are at least 50 feet in width. 7. Based on testimony provided at the public hearing and a review of the materials in the record of this case, the Hearing Officer concludes that the project complies with all applicable Article 4 standards as follows, including the following: A. Section 4.5(B) — Permitted Uses The proposed land use of single-family detached dwelling units is permitted in the L-M-N District pursuant to Section 4.5(B)(2)(a) of the Code. B. Section 4.5(D) — Land Use Standards 1) Density. Section 4.5(D)(1)(b) establishes a maximum density of any development plan taken as a whole within the L-M-N District to nine (9) dwelling units per gross acre of residential land. The project is proposing 57 dwelling units on 8.67 acres for a density of 6.6 dwelling units per acre. 2) Mix of Housing. Section 4.5(D)(2) requires a minimum of four housing types, with no single housing type constituting more than 80% or less than 5% of the total number of dwelling units for any development over 30 acres. This standard is applied to Rigden Farm Filing 6 (124 acres). The PDP as submitted complies with this standard. C. Section 4.5(E) — Development Standards 3) Streets and Blocks. Section 4.5(E)(1) requires that the local street system provide an interconnected network of streets and blocks. The proposed PDP does not alter the existing approved street and block pattern, including the mid -block pedestrian connection on Block 2 as required by Section 4.5(E)(1)(b) of the Code. DECISION Based on the findings set forth above, the Hearing Officer hereby enters the following ruling: The Project Development Plan for Rigden Farm Filing Seventeen is approved as submitted, subject to the following conditions: a. The Applicant shall submit a final plan within three (3) years following the date of this decision. If Applicant fails to submit a final plan to the City within said three (3) year period, the approval of the PDP set forth in this decision shall automatically expire in accordance with Section 2.2.11(C) of the. Code. 3 TESTIMONY: The following individuals testified at the hearing: From the City: Seth Lorson, AICP, City Planner From the Applicant: Ken Merritt, JR Engineering From the Owner: Eric Sandstrom, Meritage Homes Inc. From the Public: Dave Pietenpol, 4714 Valley Ridge Ct, Fort Collins, CO Fred L. Croci, P.O. Box 549, Fort Collins, CO 80522 Monte Deines, 3008 Waters Dove Ct, Fort Collins, CO John and Diane Green, 3026 Waterstone Ct. Fort Collins, CO 80525 (via email dated May 30, 2013) FINDINGS 1. Evidence presented to the Hearing Officer established the fact that the hearing was properly posted, legal notices mailed and notice published. 2. Evidence presented to the Hearing Officer established the fact that the Rigden Farm ODP was approved by the Planning and Zoning Board in 1999, and that a Minor Amendment to the ODP was subsequently approved in 2002. The amended ODP has 14 parcels (A — N) identifying permitted land uses and densities. The proposed replat (the addition of five (5) lots, from 52 to 57 lots) falls within parcels L and M as designated on the amended ODP, both of which permit single-family dwellings. Block I of proposed Filing 17 is within Parcel L and is not proposing an increase in density. Blocks 2 and 3 are within Parcel M and are increasing the total amount of lots by five (5) single family dwellings. 3. Based on testimony provided at the public hearing and a review of the materials in the record of this case, the Hearing Officer concludes that the PDP complies with the process set forth in Division 2.2 of the Code. 4. Based on testimony provided at the public hearing and a review of the materials in the record of this case, the Hearing Officer concludes that the PDP is in conformance with the Rigden Farm ODP, as amended. 5. The PDP contains the elements required by Section 2.1.3(C)(1) of the Code. 6. Based on testimony provided at the public hearing and a review of the materials in the record of this case, the Hearing Officer concludes that the project complies with the applicable General Development Standards contained in Article 3 of the Code, including the following: A. Division 3.2 — Site Planning and Design Standards 1) 3.2.1 Landscaping and Tree Protection: Sec. 3.2.1(D)(2) requires street trees to be provided in the detached sidewalk parkway at an average spacing of 30 to 40 feet apart. The project is providing street trees at the required intervals as shown in the landscape plan submitted. Pr CITY OF FORT COLLINS TYPE 1 ADMINISTRATIVE HEARING FINDINGS AND DECISION HEARING DATE: August 1, 2013 PROJECT: Rigden Farm, Filing 17 - Project Development Plan (PDP) CASE NUMBER: PDP #130015 APPLICANT: JR Engineering and Landmark Engineering, Ltd. (the "Consultants"). Mr. Ken Merritt presented on behalf of the Consultants. OWNER: Meritage Homes Inc. 6892 S. Yosemite Ct., Suite 1-201 Centennial, CO 80112 HEARING OFFICER: Marcus A. McAskin PROJECT DESCRIPTION: This is a request for consideration of a Project Development Plan (PDP) for Rigden Farm Filing 17. The project is generally located at the southwest corner of East Drake Road and Ziegler Road on 8.67 acres of undeveloped land. The project is proposing to replat a total of 52 existing lots in Rigden Farm Filing 6: • 43 alley access single-family detached lots; and • Nine (9) front access single-family detached lots (total: 52 lots). The project proposes to replat the 52 lots described above into 57 front access single-family detached lots, a net increase of five (5) lots. SUMMARY OF DECISION: Approved. ZONE DISTRICT: (L-M-N) Low Density Mixed -Use Neighborhood HEARING: The Hearing Officer opened the hearing at approximately 5:02 p.m. on August 1, 2013, in Conference Room A, 281 North College Avenue, Fort Collins, Colorado. EVIDENCE: During the hearing, the Hearing Officer accepted the following evidence: (1) Planning Department Staff Report; (2) the application, plans,. maps and other supporting documents submitted by the Applicant, including the Rigden Farm Overall Development Plan (ODP), the Final Plat — Rigden Farm Filing Six, the Rigden Farm Filing Seventeen PDP, and the Landscape Plan; (3) a copy of the PowerPoint presentation of the Applicant presented at the hearing by the Applicant's representative; (4) an email from John and Diane Green dated May 30, 2013 regarding the project; and (5) affidavit of publication dated July 24, 2013, confirming publication of the notice of public hearing in the Fort Collins Coloradoan on July 24, 2013. In addition, the City's Land Use Code ("Code"), the Comprehensive Plan and the formally promulgated polices of the City are all considered part of the record considered by the Hearing Officer.