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Home My WebLink AboutMAPLE HILL 1ST REPLAT - PDP - 29-00C - DECISION - FINDINGS, CONCLUSIONS & DECISIONfEG6nl a �tCy'LAT S oCS 7"-4 J16 /J vt L 4't a Ai 0a --- Maple Hill, 1st Replat Administrative Hearing Findings, Conclusions, and Decision March 2, 2004 Page 5 of 5 angles or radial to the street. The design does not impact the layout of roads, driveways, utilities, drainage facilities and other services necessary to serve the Project. B. Section 3.3.1 [C] (1) - Public Sites, Reservations, and Dedications The plat indicates the proper dedication for street right-of-way, and drainage and utility easements as needed to serve the Project. MMARY OF CONCLUSIONS A. The Maple Hill, First Replat Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). B. The Maple Hill, First Replat Project Development Plan complies with the Mountain Vista Subarea Plan. C. The Maple Hill, First Replat Project Development Plan is consistent with the Gillespie Farm Overall Development Plan. D. The Maple Hill, First Replat Project Development Plan satisfies the development standards of the LMN zoning district. E. The Maple Hill, First Replat Project Development Plan complies with all applicable General Development Standards, including the Plat Standards, contained in Article 3 of the Land Use Code. DECISION The Maple Hill, First Replat Project Development Plan, #29-OOC, is hereby approved by the Hearing Officer without condition. Dated this 9th day of March 2004, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. /Cameron Gloss C Current Planning Director Maple Hill, 1st Replat Administrative Hearing Findings, Conclusions, and Decision March 2, 2004 Page 4 of 5 on County Road 11. The property owner immediately to the south of the subject property also relayed concerns about the anticipated or feared impacts of the proposed replat on the roadway aligning with Country Club Rd along the south property line of the Maple Hill PDP. The Staff noted that a recorded easement shown on the Maple Hill plat indicates that the road will be located within this easement on Poudre School District property and off -set to the north approximately 10 feet. Although the Hearing Officer finds that the neighboring property could potentially be impacted by a future roadway, this particular issue is a private matter that has no relevance to the requested replat. The proposed replat must be judged under the existing applicable regulations of the City of Fort Collins Land Use Code. These regulations provide sufficient specificity to determine that the Applicant and Owner have designed the PDP in conformance with the applicable regulations and there is no authority for the Hearing Officer to mandate that the Applicant or Owner exceed the minimum requirements. 2. Compliance with Article 4 and the LMN Zoning District Standards: The plat complies with the standards found under Article Four of the Land Use Code. The applicant's request to replat the block, in order to create two additional lots and an alley, complies with the following standards: A. Section 4.4(D) — Land Use Standards The PDP will comply with the minimum density requirement of the zoning district when additional units are constructed under the approved Gillespie Farm ODP. The proposed lots are less than 6,000 square feet in area, therefore, constituting "small lot single family". This housing type remains below the maximum percentage of 90% within the project. There was no evidence introduced at the hearing to contradict the Staff Report; therefore, the Hearing Officer finds that the Subdivision is in conformance with the applicable requirements found in Article 4 of the Land Use Code. 3. Compliance with Article 3 of the Land Use Code — General Development Standards A. Section 3.3.1 [B] — Lots The proposed lots comply with the design standards in that each lot has vehicular access to a public street, and the side lot lines are at substantially right Maple Hill, 1st Replat Administrative Hearing Findings, Conclusions, and Decision March 2, 2004 Page 3 of 5 FACTS AND FINDINGS Site Context The surrounding zoning and land uses are as follows: N: L-M-N; Vacant (Lind Property -Under Development by Centex Homes) S: L-M-N; Vacant (Poudre School District Future School Site) E: L-M-N; Vacant (Irrigated Agriculture) W: R; Existing Single Family Detached in Unincorporated Larimer County The Maple Hill project is part of a larger 320-acre parcel that was annexed in 1978. Also in 1978, on the Maple Hill parcel, the Nineteenth Green Subdivision was approved consisting of 58 single-family lots on 28.9 acres. Although this subdivision was approved and recorded, it expired due to lack of activity in the mid-1980's. The parcel is located within the Mountain Vista Area Plan adopted by City Council in March of 1999. The 160-acre Gillespie Farm Overall Development Plan was approved in February of 2001 and amended in October of 2002. The original Maple Hill subdivision was approved on September 9, 2003. This approved project represents the first and largest phase of a residential subdivision that is located on 136.89 acres at the southeast corner of County Road 11 (soon to re -named Turnberry Road) and Richards Lake Road. The approved plan includes 449 single family detached dwelling units and 78 duplex dwelling units for a total of 527 dwelling units. The project sets aside 7.16 acres for a neighborhood park that will be developed by the City of Fort Collins at some point in the future. An off-street bicycle/pedestrian path will be provided. Future phases include multi -family on 16.90 acres and a neighborhood center on 1.00 acre. The site is bounded by the Poudre School District property on the south, the Number Eight Outlet Ditch on the east, and the Lind Farm (Centex Homes) on the north. County Road 11 (soon to be re -named Turnberry Road) forms the western boundary. Testimony was offered at the hearing by two neighboring residential landowners. One owner, speaking as a representative to the adjacent Country Club Heights subdivision, submitted a letter into the record that summarized the neighborhood's lack of specific comments regarding the requested replat. In his testimony, he reiterated the neighborhood's support for construction of a frontage road to help mitigate the adverse perceived adverse impacts to houses fronting Maple Hill, 1st Replat Administrative Hearing Findings, Conclusions, and Decision March 2, 2004 Page 2 of 5 NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established no controversy or facts to refute that the hearing was properly posted, legal notices mailed and notice published. PUBLIC HEARING The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 4:30 PM on March 2, 2004 in Conference Room A at 281 N. College Avenue, Fort Collins, Colorado. HEARING TESTIMONY, WRITTEN COMMENTS AND OTHER EVIDENCE: The Hearing Officer accepted during the hearing the following evidence: (1) Planning Department Staff Report; (2) application, plans, maps and other supporting documents submitted by the applicant and the applicant's representatives to the City of Fort Collins; and (3) a tape recording of testimony provided during the hearing. The LUC, the City's Comprehensive Plan (City Plan), and the formally promulgated policies of the City are all considered part of the evidence considered by the Hearing Officer. The following is a list of those who attended the meeting: From the City: Ted Shepard, Chief Planner Dave Stringer, Development Review Engineering Supervisor From the Applicant: Mike Sollenberger, Gillespie Farm Development Company From the Public: Joseph W. Bleiker, 2509 N. County Rd. 11 Ken Forbes, 1900 N. County Rd. 11 Written Comments: Letter from Joseph W. Bleicker to Cameron Gloss dated March 2, 2004 Commu. y Planning and Environmental _rvices Current Planning Citv of Fort Collins CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: March 2, 2004 PROJECT NAME: XTRI Qkql11111l►Tt1:1=1:41 APPLICANTS: OWNER: HEARING OFFICER: PROJECT DESCRIPTION: Maple Hill, First Replat 29-OOC Mike Sollenberger and Tom Dougherty Gillespie Farm Development Company 3937 Harbor Walk Lane Fort Collins, CO 80525 Nineteenth Green Partnership 6373 South Grape Court Littleton, CO 80121 Cameron Gloss Current Planning Director The Applicants have submitted a request to replat Block 26 of Maple Hill by adding an alley and two lots. The site is located within the Maple Hill Subdivision. The block is surrounded by Bar Harbor Drive, Sunbury Lane, Clearfield Way and Summerpark Lane. Maple Hill is a 137-acre residential neighborhood located at the northeast corner of Country Club Road (extended) and County Road 11. SUMMARY OF HEARING OFFICER DECISION: Approval ZONING DISTRICT: Low Density Mixed Use Neighborhood- L-M-N. STAFF RECOMMENDATION: Approval 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020