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HomeMy WebLinkAboutMAPLE HILL RECREATION CENTER - PDP - 29-00J - DECISION - FINDINGS, CONCLUSIONS & DECISIONcf/Gjv l""A J'Ae5:- 'T Pe_� ivy %JE�9.G/N 6 S1 eze4,a✓ v�lot✓r�7� lee[. re 4pd.,vPY Pa' S7T; � 4 7� 1 Maple Hill Recreation Center, end Replat Administrative Hearing Findings, Conclusions, and Decision December 17, 2004 Page 6 of 6 DECISION The Maple Hill Recreation Center, Second Replat Project Development Plan, #29-OOJ, is hereby approved by the Hearing Officer subject to the following condition: At the time of the filing for a Final Plan on the Maple Hill Recreation Center, Second Replat Project Development Plan, the applicant shall provide within the Neighborhood Center, in addition to the outdoor spaces described in Section 4.4 (D)(3)(e), two (2) or more of the following uses: mixed use dwelling units; community facilities; neighborhood support/recreation facilities; schools; child care centers; places of worship or assembly; convenience retail stores; offices; financial services and clinics; personal or business service shops; standard or fast food restaurants (without drive-in or drive -through facilities); small animal veterinary clinics; and artisan or photography studios or galleries. Dated this 30th day of December 2004, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. j' Cameron Gloss Current Planning Director Maple Hill Recreation Center, end Replat Administrative Hearing Findings, Conclusions, and Decision December 17, 2004 Page 5 of 6 center. The neighborhood center is integrated with the surrounding residential area is readily accessible by streets and sidewalks. As mentioned, outdoor spaces are provided in the form of a park and pavilion. 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 and tract 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. B. Section 3.3.1 [C] (1) - Public Sites, Reservations, and Dedications The plat indicates the proper dedication for drainage and utility easements as needed to serve the Project. SUMMARY OF CONCLUSIONS A. The Maple Hill Recreation Center, 2"d Replat, Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). B. Maple Hill Recreation Center, 2"d Replat, Project Development Plan complies with the Mountain Vista Subarea Plan. C. The Maple Hill Recreation Center, 2"d Replat, Project Development Plan is consistent with the Gillespie Farm Overall Development Plan. D. The Maple Hill Recreation Center, 2"d Replat, Project Development Plan satisfies the development standards of the LMN zoning district except for the required number of land uses contained within a Neighborhood Center as identified under Section 4.4(D)(3)(c). A non-residential or mixed use unit must be added to the proposed Neighborhood Center in order for the Project Development Plan to be found compliant. E. Maple Hill Recreation Center, 2"d Replat, Project Development Plan complies with all applicable General Development Standards, including the Plat Standards, contained in Article 3 of the Land Use Code. Maple Hill Recreation Center, /nd Replat Administrative Hearing Findings, Conclusions, and Decision December 17, 2004 Page 4 of 6 Testimony was offered at the hearing by one neighboring residential landowner. This 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 as they relate to the larger Maple Hill development, including concerns raised in a previous letter dated August 17, 2004. In his testimony and within the letter, he expressed support for the Recreation Center, 2Id Replat, PDP application, but also reiterated the neighborhood's previously stated concerns about the land use transition in density between existing low density development to the west. The Neighborhood Letter also specifically requested that the Maple Hill Subdivision construct the frontage road in a timely manner in order to address existing and anticipated future traffic impacts. The Hearing Officer understands the neighboring property owners' desire for the ultimate improvements to Turnberry Road to be completed as soon as possible; however, the proposed recreation center facility and 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 exceed the requirements based on the applicable standards. 2. Compliance with Article 4 and the LMN Zoning District Standards: A. Section 4.4(D) — Land Use Standards There was no evidence introduced at the hearing to contradict the Staff Report; however, the Hearing Officer finds that the PDP is not in conformance with the all applicable requirements found in Article 4 of the Land Use Code. Only one non- residential use, a recreation center and pool, is provided within the Neighborhood Center where a minimum of two or more non-residential or mixed -uses is required. The applicant has proposed construction of a freestanding 400 square foot park pavilion located on the abutting future multi -family parcel as a way to satisfy the required second use. While the pavilion is an amenity benefiting neighborhood residents and the general public, it is listed separately as a "publicly accessible outdoor space" under Section 4.4(D)(3)(e) and helps to directly fulfill the outdoor space requirements outlined in this section. The pavilion use cannot be used to meet the Neighborhood Center land use requirements. All other land use standards of this section are met. At least 90% of dwelling units within Maple Hill are within'/4 of a mile of the proposed neighborhood Maple Hill Recreation Center, tnd Replat Administrative Hearing Findings, Conclusions, and Decision December 17, 2004 Page 3 of 6 Written Comments: Letter from Joseph W. Bleicher to Cameron Gloss dated December 17, 2004 FACTS AND FINDINGS 1. 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 was the first and largest phase of a residential subdivision that is located on 136.89 acres at the southeast corner of Turnberry Road and Richards Lake Road. The original approved plan included 449 single family detached dwelling units and 78 duplex dwelling units for a total of 527 dwelling units. The project set 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 is provided. A future phase includes multi -family on 16.90 acres. On August 31, 2004, the Hearing Officer approved Maple Hill First Replat. This amendment to the original plan resulted in replatting five blocks and adjusting the mix of housing types. The replat also resulted in an increase of 10 single family lots and a decrease in seven duplex lots for an overall net gain of three lots. This increased the total number of units from 527 to 530. Maple Hill Recreation Center, end Replat Administrative Hearing Findings, Conclusions, and Decision December 17, 2004 Page 2 of 6 STAFF RECOMMENDATION: Conditional 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 3:00 PM on December 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: From the City: Ted Shepard, Chief Planner Katie Moore, Development Review Engineer From the Applicant: Mike Sollenberger Stephani Christova, VF Ripley Associates From the Public: Joseph W. Bleicher, 2509 Turnberry Road Kirvin Knox, 2505 Turnberry Road City of Fort Collins Commu-_ cy Planning and Environmental _cervices Current Planning CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE PROJECT NAME: CASE NUMBER: I_1J»[y_1►116 OWNER: HEARING OFFICER: PROJECT DESCRIPTION: December 17, 2004 Maple Hill Recreation Center, Second Replat PDP #29-OOJ Mr. Michael Sollenberger and Mr. Thomas Dougherty c/o VF Ripley Associates 401 W. Mountain Ave., Suite 201 Fort Collins, CO 80521 Mr. Michael Sollenberger and Mr. Thomas Dougherty 220 East Mulberry Street Fort Collins, CO 80525 Cameron Gloss Current Planning Director The Applicant has submitted a request to build a clubhouse and pool serving as a Neighborhood Center for the Maple Hill development. The recreation center will be located on one acre at the northwest corner of Maple Hill Drive and Bar Harbor Drive. The one-story clubhouse would contain 1,650 square feet. The swimming pool would measure 42 feet by 75 feet. The pool area would be secured with perimeter fencing. The request includes a replat of Tract W and Lot 1 of Block 32 of Maple Hill Subdivision. SUMMARY OF HEARING OFFICER DECISION: Conditional Approval ZONING DISTRICT: Low Density Mixed Use Neighborhood- L-M-N. 281 North College Avenue • PC. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020