Loading...
HomeMy WebLinkAboutMAPLE HILL, PHASE ONE - PDP - 29-00A - DECISION - FINDINGS, CONCLUSIONS & DECISIONCity of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision Maple Hill, Phase One, Project Development Plan, #29-OOA Administrative Hearing Date: April 10, 2003 Page 5 out of the 527 lots, or 31 %, comply with this solar orientation requirement. The applicant has requested alternative compliance to this standard, based on the following: ■ The site street pattern was carefully laid out at the O.D.P. stage in a grid respecting the principles of new urbanism. ■ The streets are designed to connect into the developing property to the north (Lind Farm) and the future school site to the south (Poudre School District). ■ The street pattern frames the neighborhood park and neighborhood center. ■ The street network is designed to meet the minimum residential density requirements. ■ The street network complies with the intersection spacing criteria with minor arterial streets. Pursuant to Section 3.2.3(E) of the Land Use Code, the Hearing Officer may approve an alternative site layout if she finds that the alternative plan "accomplishes the purposes of this Section equally or better than a plan which complies with the standards of this Section." In making a decision on alternative compliance, the Hearing Officer "shall take into account whether the alternative design enhances neighborhood continuity and connectivity, fosters non -vehicular access, and preserves existing natural or topographic conditions on the site." The Hearing Officer finds, based on staffs recommendation and the applicant's justification, that the alternative compliance plan, to allow. 31 % rather than 65% compliance with the solar. -oriented lots standard will accomplish the purposes of this Section. The reduced number of solar -oriented lots fosters non -vehicular access by virtue of on -street bike lanes along the two north -south minor collectors. The alternative compliance plan meets the general purposes of the Land Use Code in that it fulfills the City's transportation objectives to provide north - south streets. Section 3.5.2 — Housing Model Variety and Garages. The PDP also satisfies Section 3.5.2(B), concerning housing model variety, and Section 3.5.2(E) concerning garages. As the staff report indicates, the PDP proposes three basic housing models for the single family detached dwellings and three basic housing models for the single family attached dwellings for a total of six. In addition, the .PDP proposes a combination of street -facing, front -loaded street -facing, rear -loaded, and side -mounted (corner lots) garages. As stated in the staff report, street -facing garages are appropriately recessed LCM\57069.26\440581.01 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision Maple Hill, Phase One, Project Development Plan, #29-OOA Administrative Hearing Date: April 10, 2003 Page 9 ■ The street pattern frames the neighborhood park and neighborhood center. ■ The street network is . designed to meet the minimum residential density requirements. ■ The street network 'complies with the intersection spacing criteria with minor arterial streets. B. The Alternative Compliance design to satisfy the minimum lot depth along a minor arterial street, Section 3.6.2(E)(1), is found to be equal to or better than a design that would have met the standard. ■ The total depth from front of lot to minor arterial street (C.R. 11) exceeds the required 150 feet. ■ Behind the lots is.a buffer yard featuring sufficient plant material to mitigate the impacts associated with the arterial street. ■ C.R. 11 is classified as a "Minor Arterial," meaning only two travel lanes versus four travel lanes of a "Standard Arterial." 4. The Maple Hill PDP. is in compliance with the Mountain Vista Subarea Plan. 5. The PDP is in compliance with the Gillespie Farm Amended Overall Development Plan. DECISION The Hearing Officer hereby approves the Maple Hill Project Development Plan, Case No. 29-OOA DATED THIS 24th day of April, 2003. Lincla C. Michow, Hearing Officer LCM\57069.26\440581.01 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision Maple Hill, Phase One, Project Development Plan, #29-OOA Administrative Hearing Date: April 10, 2003 Page 8 Density Mixed -Use Neighborhood." The existing zoning on the property is also Low Density Mixed -Use Neighborhood and the Project Development Plan has been submitted under the general parameters of this zone district. Therefore, the Hearing Officer finds that the proposed .PDP complies with the adopted Mountain Vista Subarea plan. The PDP Complies with the Gillespie Farm Overall Development Plan. The O.D.P. indicates the location of the neighborhood center, .parks/open space areas, bicycle/pedestrian trail, stormwater detention ponds and a range of residential land uses and densities that comply with the L-M-N zone district. In addition, a network of local and collector streets indicates a public road system, in a grid pattern, designed to connect to the surrounding collector and minor arterial streets that border the site. The PDP complies with these established land uses, densities, and street system. FINDINGS OF FACT The PDP has satisfied the applicable provisions of Article 2 concerning Development Applications. 2. The PDP satisfies the development standards of the L-M-N zone district set forth in Division 4.4 of the Land Use Code. 3. The PDP satisfies the applicable General Development Standards of Article 3. A. The Alternative Compliance design that results in less than 65% of the lots achieving solar orientation, Section 3.2.3(B), is found to be equal to or better than a design that would have met the standard. ■ The site street pattern was carefully laid out in grid respecting the principles of new urbanism. ■ The streets are designed to connect into the developing property to the north (Lind Farm) and the future school site to the south (Poudre School District). LCM\57069.26\440561.01 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision Maple Hill, Phase One, Project Development Plan, #29-OOA Administrative Hearing Date: April 10, 2003 Page 7 Section 3.6.4 — Transportation Level of Service. Section 3.6.4 requires that the PDP's transportation system maintain the adopted transportation level of service standards for motor vehicles, bicycles and pedestrians. The staff report indicates that a Transportation Impact Study was prepared during the O.D.P. process which was coordinated with the developer of the adjacent Lind Farm property for a comprehensive analysis of the entire square mile section. According to the staff report, "the PDP in collaboration with Lind Farm will feature a consistent street network" as well as a combination of on -street bike lanes, sidewalks and off-street trails at mid -block locations and through the large storm water detention pond. There was no evidence presented to contradict the staff report. Therefore, the Hearing Officer finds that the transportation system of this project satisfies the Level of Service standards for all modes of travel. One resident of the Country Club Heights Subdivision, adjacent to this proposed project, testified at, the hearing about his concern. for the implementation of a frontage road along County Road 11 and the possible construction of a sound wall. Mr. Bleicher also sent a letter to the Hearing Officer dated April 7, 2003 in which he expressed these same concerns. Mr. Bleicher explains in his letter that the frontage road would enable existing residents in the Country Club Heights Subdivision limited access to County Road 11, rather than backing directly out onto the road. Although Mr. Bleicher does not oppose the Maple Hill project, he would like the name of a contact person at the City to keep informed about the progress of construction of the frontage road. Matt Baker, in the City Engineering Department, testified that there will be interim improvements before the frontage road is built. Mr. Baker acknowledged that the frontage road will consolidate driveways and allow for better access onto County Road 11. He also testified that the timing of the frontage road is tied to the City's receipt of development fees. Regarding the request for a sound wall, Mr. Baker stated that the City standards do not require noise barriers and that noise barriers, in the City's opinion, often cause more sound. Mr. Baker testified that berming and landscaping will mitigate traffic noise more effectively than a noise wall. Finally, City Staff offered to provide Mr. Bleicher with the appropriate staff contacts. The PDP Complies with the Mountain Vista Subarea Plan. The Mountain Vista Subarea Plan includes a "Framework Plan." According to this plan, the vacant area described by the boundaries of Maple Hill is designated as "Low L C M\57069.264440581.01 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision Maple Hill, Phase One, Project Development Plan, #29-OOA Administrative Hearing Date: April 10, 2003 Page 6 behind front facades or porches by the requisite minimum of four feet and side -mounted garages feature windows facing the street. The Hearing Officer finds that the requirements of subsections (B) and (E) of Section 3.5.2 have been satisfied. Section 3.6.2 — Streets, Streetscapes. Alleys and Easements. Section 3.6.2(E)(1) of the Land Use Code requires that "lots having a front or rear lot line that abuts an arterial street shall have a minimum depth of 150 feet." According to the staff report, County Road 11, running along the west boundary of the property, is classified as, a "Minor Arterial' street. The PDP design shows 40 lots backing up to County Road 11, with lot depths of approximately 99 feet. An alternative compliance design has been requested to relieve the applicant of the 150 foot lot depth requirement. Pursuant to Section 3.6.2(E)(1), the Hearing Officer may approve an alternative lot plan if the plan includes "additional buffering or screening that will, in the judgment of the decision maker, protect such lots from the noise, light and other potential negative impacts of the arterial street as well as, or better than, a plan which complies with the standard of Subsection (E)." According to the PDP, tracts G, H and K incorporate a landscape buffer yard, which in addition to the 99 foot depth of the lots, exceeds the required 150 foot depth. As the staff report states, the landscaped buffer yard will effectively mitigate the impacts of rear lot lines facing a minor arterial street. Based ' on the evidence set forth in the staff report, specifically the use of landscape buffer yards, the Hearing Officer finds that the PDP meets the alternative compliance standard. Section 3.6.3 — Street Pattern and Connectivity Standards. Section 3.6.3 of the LUC requires street systems be designed to be safe, efficient and convenient, considering all modes of transportation. The staff report reflects that the collector and local street intersections were previously approved as part of the Overall Development Plan. The PDP also provides for a bicycle and pedestrian path that will become part of a larger regional trail network linking four developing neighborhoods in the Mountain Vista area. The Hearing Officer finds, therefore, that the Project meets the criteria of Section 3.6.3. LC M\57069.26\440581.01 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision Maple Hill, Phase One, Project Development Plan, #29-OOA Administrative Hearing Date: April 10, 2003 Page 4 with the five criteria enumerated in Subsection (D)(7), including the park's high visibility, and its easy access for pedestrians and the public at large. There was no evidence presented at the hearing to contradict the staff report. The Hearing Officer finds, therefore, that the PDP complies with the neighborhood park standards of the L-M-N District. Development Standards: Section 4.4(E) — Streets and Blocks. Section 4.4(E)(1)(a) of the Land Use Code states that the local street system provided by the development shall provide an interconnected network of streets in a manner that results in blocks of developed land bounded by connecting streets no greater than twelve (12) acres in size. The staff report reflects that although one block, Block 20, exceeds the 12 acre block size, it contains a 13.13-acre stormwater detention pond. The design of the block with small open space tracts and bicycle path, in staffs opinion, maintains a grid pattern of streets and therefore complies with the integrity of the requirement. There was no evidence presented at the hearing to refute this evidence; therefore, the Hearing Officer finds that the PDP meets this section of the Land Use Code. The Hearing Officer further finds that the PDP meets the requirement of Section 4.4(E)(1)(b), concerning mid -block pedestrian connections. The requirement provides that if any block face is over seven hundred (700) feet long, then walkways connecting to other streets shall be provided at approximately mid -block or at intervals of at least every six hundred fifty (650) feet, whichever is less. The staff report notes that although six blocks within the PDP exceed 700 feet, all but one block are considered exempt from the standard because of the location of the stormwater detention pond and the outlet ditch. The non-exempt block provides relief in the way of a ten -foot wide easement featuring a six-foot wide sidewalk that directly connects to the neighborhood park. There was no evidence presented at the hearing to contradict the staff report. 3. The PDP Complies with General Development Standards (Article 3): Section 3.2.3 — Solar -Oriented Lots. Section 3.2.3 of the Land Use Code requires that at least 65% of the lots less than 15,000 square feet in area in single and two family residential developments must conform to the definition of a "solar -oriented lot" in order to preserve the potential for solar energy usage. The staff report indicates that only 166 LC M \57069.26\440581.01 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision Maple Hill, Phase One, Project Development Plan, #29-OOA Administrative Hearing Date: April 10, 2003 Page 3 more than eight dwelling units per gross acre of residential land. The evidence reflects that on a net acreage basis, the average density for Phase One of Maple Hill is 4.64 d.u.'s/acre, which is below the required five dwelling unit minimum. However, as the staff report explains, it is expected that with development of the future multi -family parcel, the residential density for the entire Maple Hill Project will meet or exceed the required minimum of 5.00 d.u. on a net acreage basis. The Hearing Officer finds that the density requirements for this Project have been met, provided the multi -family parcel is developed as proposed. Section 4.4(D)(2) — Mix of Housing. Section 4.4(D)(2) of the Land Use Code requires a minimum of three housing types for any project containing 45 acres or more and that a single housing type shall not constitute more than 90% of the total number of dwelling units. The staff report reflects that the PDP will offer the required mix of housing types, including 92 standard lot single family detached dwellings; 357 small lot single family detached dwellings; and 78 single family attached (duplexes) dwellings. None of the housing types comprise more than ninety percent of the total number of units. There was no evidence to refute the staff report; therefore, the Hearing Officer finds that the PDP complies with Section 4.4(D)(2). Section 4.4(D)(3) — Neighborhood Center. The staff report indicates that the PDP complies with the land use standards for a neighborhood center set forth in Section 4.4(D)(3) of the Land Use Code. Specifically, the PDP meets the requirement that at least 90% of the dwellings in the PDP must be located within '/ of a mile of a neighborhood center contained within the project since 100% of the lots are within % of a mile of the proposed neighborhood center. In addition, the staff report reflects that the neighborhood center is proposed to be one acre in size which meets the five acre maximum imposed pursuant to Section 4.4(D)(3)(c). Section 4.4(D)(7) — Small Neighborhood Parks. Section 4.4(D)(7) requires that this PDP include either a neighborhood park or a privately owned park, that is at least one (1) acre in size and located within a maximum of one-third mile of at least ninety (90) percent of the dwellings in the development. As evidenced by a letter dated April 3, 2003 from Craig Foreman, Manager of Park Planning and Development for the City of Fort Collins, the City is working with the developer to purchase approximately 7.16 acres within the development for a public neighborhood park. The staff report further indicates that the proposed park complies LCM\57069.26\440581.01 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision Maple Hill, Phase One, Project Development Plan, #29-OOA Administrative Hearing Date: April 10, 2003 Page 2 E: L-M-N - Vacant (Agriculture) W: R - Existing Single Family Detached in Unincorporated Larimer County SUMMARY OF HEARING OFFICER DECISION: Approval. NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established no controversy or facts to refute that the hearing was properly noticed. PUBLIC HEARING: The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 5:35 p.m. on April 10, 2003 in the City Council Chambers, located at 300 West LaPorte Avenue, Fort Collins, Colorado. RECORD OF HEARING: 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 agents to the City of Fort Collins; (3) numerous electronic mail communications and written correspondence to and from the planning staff, the applicant, and members of the public concerning the project; and (4) a tape recording of testimony provided during the hearing. The Fort Collins Land Use Code (LUC), the City's Comprehensive Plan, and the formally promulgated policies of the City are all considered part of the evidence considered by the Hearing Officer. FACTS AND FINDINGS 1. The PDP complies with the Applicable Provisions of Article 2 concerning Development Applications. The evidence at the hearing indicates that the application was processed in accordance with Article 2. 2. The PDP Complies with LMN Zone District Standards (Article 4): Land Use Standards: Section 4.4(D) — Density. Section 2.3.2(H) of the Land Use Code provides that any standards relating to housing density and mix of uses shall be applied over the entire overall development plan, and not on each individual project development plan review. The evidence presented at the hearing reflects that the proposed density for this PDP, with the future development of the multi -family parcel, will comply with the minimum and maximum allowable densities for the LMN zone district. Section 4.4(D) of the Land Use Code requires that the PDP contain no less than five dwelling units per net acre and no City of Fort Collins Commu._.y Planning and Environmental, rvices Current Planning CITY OF FORT COLLINS, COLORADO ADMINISTRATIVE HEARING OFFICER TYPE 1 ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS, AND DECISION ADMINISTRATIVE HEARING DATE: April 10, 2003 PROJECT: Maple Hill, Phase One, Project Development Plan, #29-OOA APPLICANT: Mr. Mike Sollenberger and Mr. Tom Dougherty Gillespie Farm Development Company 3937 Harbor Walk Lane Fort Collins, Colorado.80525 OWNER: Nineteenth Green Partnership 6373 South Grape Court Littleton,. Colorado 80121 HEARING OFFICER: Linda C. Michow, Esq. Gorsuch Kirgis LLP Tower I, Suite 1000 1515 Arapahoe Street Denver, Colorado 80202 PROJECT DESCRIPTION: The applicant has submitted a Project Development Plan ("PDP") application for 449 single family detached dwelling units and 78 duplexes located on 136.89 acres at the southwest corner of County Road 11 and Richards Lake Road, Fort Collins. The PDP is for the first (and largest) phase of development; future. phases include multi -family on 16.9 acres and a neighborhood center on 1.0 acre. A neighborhood park, on 7.1.6 acres, is planned for development by the City of Fort Collins at some point in the future. 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. 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. ZONE DISTRICT: The property is zoned L-M-N, Low Density Mixed -Use Residential. The surrounding zoning and land uses are as follows: N: L-M-N - Vacant (Under Development by Centex Homes) S: L-M-N - Vacant (Poudre School District Future School Site) LCM\57069.264440581. o 1 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020 .