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Home My WebLink AboutMAPLE HILL AMENDED FIRST REPLAT - PDP - 29-00H - DECISION - FINDINGS, CONCLUSIONS & DECISIONopw U / S kec- -E— i AOM (Hr ST 4c A- rl ✓C NE A,c /n, G tZ3%-gib i � �43 3-+8( Jom', - a/eC2 TOK 47C /a' J6 C'ayid Z3�9 Tw3r �iBL-�L�Z p373 J4,0 y `' Y-A Lc�? , J 2 Qn.,o [�•� 1�:.�.w. 1 303— asy- o S 3 n- -r /UC- - ZZG - 055 rZ ew8 --ZAvS Maple Hill, 1st Replat Administrative Hearing Findings, Conclusions, and Decision August 17, 2004 Page 7 of 7 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-OOH, is hereby approved by the Hearing Officer with the following conditions: The applicant shall submit a detailed landscape plan for Tracts A and K no later than the Final Plan application, to ensure compatibility with the surrounding area. Planning staff will review plans during the Final Plan process to assure that the type and size of plant materials sufficiently buffers proposed development from Turnberry Road and abutting properties to the west. 2. The Site Plan and Subdivision Plat shall be amended to read "Turnberry Road" rather than "County Road 11". Dated this 31st day of August 2004, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Cameron C Current Planning Director Maple Hill, 1st Replat Administrative Hearing Findings, Conclusions, and Decision August 17, 2004 Page 6 of 7 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 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. The public streets remain interconnected to the abutting subdivision to the north (Lind Farm) and street stubs are provided to the south (Poudre School District). B. Section 3.3.1 [C] (1) - Public Sites, Reservations, and Dedications The plat indicates the proper dedication for street rights -of -way, and drainage and utility easements as needed to serve the Project. C. Section 3.5.1 [H] — Land Use Transition According to this Section, when land uses with significantly different visual character are proposed adjacent to each other shall achieve compatibility through compliance with other design standards found in Article Three. As mentioned, it is the judgment of the Hearings Officer that this standard can be met if the landscape treatment within Tracts abutting Turnberry Road can provide a visual transition to development to the west. This would require landscape materials of sufficient variety, number, and size and within the appropriate location to create an attractive streetscape in keeping with the character of the surrounding area. SUMMARY 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. Maple Hill, 1st Replat Administrative Hearing Findings, Conclusions, and Decision August 17, 2004 Page 5 of 7 family units fall outside of the scope of the PDP application, it is the judgment of the Hearings Officer that additional landscape treatment within Tracts abutting Turnberry Road will be necessary to provide a visual transition to development to the west. This would require landscape materials of sufficient variety, number, and size, and within the appropriate locations, to create an attractive streetscape in keeping with the character of the surrounding area. The Neighborhood Letter also included a specific request that the Maple Hill Subdivision not be able to connect to Turnberry Road until the road has been relocated and a frontage road is constructed. City Engineering staff testified at the hearing that the development agreement reflects a requirement for the ultimate improvements to Turnberry Road occur in tandem with Phase 4 of the Maple Hill development, and that there are two additional projects, Lind Farm PDP and Richard's Lake PUD, that have thresholds which will trigger the roadway improvement. By the date of the issuance of 100 building permits, the applicant will need to provide his share of the costs to improve the roadway. The Hearing Officer understands that the neighboring property owners desire ultimate improvements to Turnberry Road to be completed prior to connection to the subject property; however, this particular issue is bound by limitations posed by the City's priorities for funding capital improvements and existing development agreements. The proposed replat must be judged under the existing applicable regulations of the City of Fort Collins Land Use Code. There is no authority for the Hearing Officer to mandate that the Applicant or Owner exceed the requirements committed to under the recorded development agreement. 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 five blocks, and adjust the mix of housing types, 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 highest number of houses, small single family detached dwellings on lots containing 6,000 square feet or less in area, increases slightly from 67.74% to 69.24%. This housing type remains below the maximum percentage of 90% within the project. Maple Hill, 1st Replat Administrative Hearing Findings, Conclusions, and Decision August 17, 2004 Page 4 of 7 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 Turnberry Road (previously named County Road 11) and Richards Lake Road. This was followed by the Maple Hill First and Second Replats that received Administrative approval on March 9, 2004, but were never recorded. The approved plan included 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 to 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, Turnberry Road (formerly County Road 11) forms the western boundary. The proposed replat would result in an increase of 10 single family lots and a decrease in seven duplex lots for an overall gain of three lots Testimony was offered at the hearing by several 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 specific comments regarding the requested replat. In his testimony, he stated the neighborhood's primary concern about the proposed increase in the number of duplex lots, and corresponding reduction in lot width, for those units fronting Turnberry Road. This was an overriding theme expressed by other members of the public. Several expressed that they perceive the development as an incompatible transition in density between existing low density development to the west and reiterated those reasons for opposition as stated in Mr. Bleicher's letter. The Hearing Officer shares the public concern regarding the transition from neighboring large -lot single family houses to the west and the smaller residential lots on the subject property. Since the architectural review of attached single Maple Hill, 1 st Replat Administrative Hearing Findings, Conclusions, and Decision August 17, 2004 Page 3 of 7 From the City: Ted Shepard, Chief Planner Katie Moore, Development Review Engineer From the Applicant: Brad Lenz, J2 Development Frasier Walsh, TST, Inc. Louise Herbert, VF Ripley Associates From the Public: Joseph W. Bleiker, 2509 Turnberry Road G. Jan Spruill, 2305 Turnberry Road Gary and Margie Boyack, 2109 Turnberry Road Steve and Cindy Stansfield, 2413 Turnberry Road Joe Coyte, 2309 Turnberry Road Mac Danford,2301 Turnberry Road Joe Bunton, 2601 Turnberry Road Kevin Knox, 2505 Turnberry Road C. K. Bixler, 2609 Turnberry Road Stu VanMeveren Written Comments: Letter from Joseph W. Bleicker to Cameron Gloss dated August 17, 2004 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 Maple Hill, 1st Replat Administrative Hearing Findings, Conclusions, and Decision August 17, 2004 Page 2 of 7 The mix of housing changes from 449 single family lots to 459 single family lots, and from 78 duplex lots to 71 duplex lots. The replat would result in an increase of 10 single family lots and a decrease in seven duplex lots for an overall gain of three lots. This would increase the total number of units from 527 to 530. The replat is a portion of the larger Maple Hill Subdivision 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: Conditional Approval ZONING DISTRICT: Low Density Mixed Use Neighborhood- L-M-N. STAFF RECOMMENDATION: Approval 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 4:45 PM on August 17, 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: City of Fort Collins Commi. ..y Planning and Environmental _rvices Current Planning CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: PROJECT NAME: CASE NUMBER: APPLICANT: OWNER: HEARING OFFICER: PROJECT DESCRIPTION: August 17, 2004 Maple Hill, First Replat #29-OOH Mr. Brad Lenz c/o VF Ripley Associates 401 W. Mountain Ave., Suite 201 Fort Collins, CO 80521 J2 Development Company 1194 Diamond Circle, Unit T Fort Collins, CO 80525 Cameron Gloss Current Planning Director The Applicant has submitted a request to replat five blocks, and adjust the mix of housing types, within Maple Hill First Filing in the following manner: • Block 17 — Changes from 10 duplex lots at a 50-foot width to 10 duplex lots at a 45-foot width, plus one new single family lot. • Block 22 — Changes from 10 duplex lots at a 50-foot width to 12 duplex lots at a 45-foot width, minus one new single family lot. • Block 29 —Changes from 9 single family lots to 10 duplex lots. • Block 18 — Changes from 11 duplex lots to 11 single family lots. • Block 23 — Changes from 8 duplex lots to 8 single family lots. 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020