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HomeMy WebLinkAboutHARVEST PARK - MAJOR AMENDMENT & REPLAT - 25-98G - DECISION - FINDINGS, CONCLUSIONS & DECISIONPart/ MAjor AWIAJ�4 ` R-eP1°�+ S;y�,\ 1V\ 5kty-A t rFo L/,j-o . RLIEF-I o250b 2oc,�- I\x . F;,,+ GUijus KD5a4r City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision Harvest Park Major Amendment and Replat, File No. 25-98G Administrative Hearing Date: January 27, 2003 Page 7 DECISION The Hearing Officer hereby approves the Harvest Park Major Amendment and Replat, Case No. 25-98G. DATED this 10th day of February 2003. 4�' A hcGt-o'' Linda C. Michow, Hearing Officer L CM\57069.24\434277.01 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision Harvest Park Major Amendment and Replat, File No. 25-98G Administrative Hearing Date: January 27, 2003 Page 6 collector. The Project and the overall Harvest Park PDP will accomplish the connection of Rock Creek Drive between Ziegler Road and Corbitt Drive on the east side of the PDP and Stetson Creek to the west of the of the PDP. Section 3.6.2, concerning streets, streetscapes, alleys, and easements, provides that designs for private streets shall meet all standards for public streets in accordance with the Larimer County Urban Area Street Standards. The Project's private drives, according to the staff report, comply with these standards. There was no evidence presented at the hearing to contradict this determination. FINDINGS OF FACT A. The Harvest Park Major Amendment and Replat complies with Section 2.2.10 concerning Major Amendments to Project Development Plans. B. The Harvest Park Major Amendment and Replat proposes a permitted use within the LMN Zone District. C. The Harvest Park Major Amendment and Replat will not increase the density of the Harvest Park PDP in excess of the maximum permitted within the LMN Zone District. D. The Project complies with the applicable general development standards of Article 3 of the Land Use Code. E. The Harvest Park Major Amendment and Replat complies with all applicable district standards of Division 4.4 of the Land Use Code, Low Density Mixed Use Neighborhood (LMN) zone district. LC M\57069.24\434277.01 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision Harvest Park Major Amendment and Replat, File No. 25-98G Administrative Hearing Date: January 27, 2003 Page 5 Since there was no evidence introduced at the hearing to contradict the staff report or the evidence presented at the hearing, the Hearing Officer finds that the Project is in conformance with Section 3.2.2. Engineering Standards. The staff report indicates the Project's general conformance with Division 3.3 concerning engineering standards. Specifically, the unrefuted evidence presented at the hearing reflects that the Project complies with the City's plat standards (Section 3.3.1) and with development improvement standards found in Section 3.3.2. Specifically, the Plat standards require that proposed developments enhance an interconnected street system within and between neighborhoods. The Project conforms to this standard in that it connects via Rock Creek Drive to the adjoining neighborhoods of Stetson Creek and Timber Creek. Although the testimony of certain residents reflected their opposition to this connection, the Hearing Officer finds, based on the evidence presented, that the connection of Rock Creek Drive was planned at the inception of the Stetson Creek PUD and that this interconnectivity carries out the requirements of the LUC. Water Hazards. According to the staff report, the City's stormwater department has determined that the Project satisfies Section 3.3.3 concerning water hazards. There was no contradictory evidence presented at the hearing; therefore the Hearing Officer finds that the Project complies with Section 3.3.3 of the LUC. Building and Project Compatibility. Subsection 3.5.1 of the LUC requires that new developments be designed to be compatible with the established architectural character of the area. Pursuant to this section, compatibility is achieved through similar pitched roof forms, fenestration and similar building materials. The staff report indicates that the existing elevations for 4 and 5 plex units in Harvest Park will apply to the proposed town homes. The Hearing Officer finds, therefore, that the Project is compatible with the surrounding neighborhoods in terms of architectural character and project compatibility. Transportation and Circulation (Traffic). Section 3.6 of the LUC imposes standards for Master Street Plan compliance, providing that "all development plans shall provide for or accommodate the streets and transportation facilities identified on the Master Street Plan". The Staff report indicates that the Project complies with the City's Master Street Plan in that the Plan identifies Rock Creek Drive as a LC M\57069.24\434277.01 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision Harvest Park Major Amendment and Replat, File No. 25-98G Administrative Hearing Date: January 27, 2003 Page 4 Access. Circulation and Parking. The staff report outlines the Project's conformance with Section 3.2.2 concerning access, circulation and parking. Specifically, the staff report notes that the design of the Project provides for: (1) on -site access to pedestrian destinations; and (2) curb ramps to allow sidewalk access to Harmony Park to the north of the PDP site and other neighborhood sidewalks in all other directions. The staff report also states that there will be no traffic impact with the change in land use. The table set forth on page 4 of the staff report shows that the difference in trip generation between the originally approved 18 single family detached dwelling units and the proposed 29 town home units is negligible. In fact, as the table shows, the proposed town homes will generate less trips per day (170 trips per 24 hour volume) than the single family detached dwellings (172 trips per 24 hour volume). The City traffic engineer testified that despite the increase in density of this Project, studies published by the Institute of Transportation Engineers Trip Generation Handbook indicate that town homes and other attached dwelling units generate less traffic than single family detached units. The number of trips generated by single family detached dwellers are documented to be higher than town home dwellers because with more square footage of living space comes additional family members, including children, who require more car trips. The residents residing in the adjacent subdivisions of Timber Creek and Stetson Creek testified about increased traffic, lack of stop signs, and high speeds through their neighborhoods. Certain residents were concerned that this proposal would exacerbate the existing traffic problems and questioned the logic of the conclusion that 29 units would generate less traffic than 18 single family homes. The traffic engineer addressed the residents' concerns by stating that the City will examine the need for additional stop signs at Snow Mesa and Sawmill intersections. The applicant and traffic engineer further testified that the use of roundabouts through Harvest Park is a traffic -calming device that would slow traffic. The testimony of the traffic engineer also reflects that Rock Creek, Stetson Creek and Timber Creek Drives are collector streets designed to carry a substantial number (ie., 3500) of cars per day. Regarding the concern for additional traffic from this Project, the Hearing Officer finds that the conclusions of the traffic engineer, based on national studies published by the Institute of Transportation Engineers Trip Generation Handbook, is supported by the evidence. LC M\57069.24\434277.01 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision Harvest Park Major Amendment and Replat, File No. 25-98G Administrative Hearing Date: January 27, 2003 Page 3 The staff report indicates that the residential use for single family attached dwellings is permitted within the LMN zone district. No evidence presented at the hearing contradicted this finding. Therefore, the Hearing Officer concludes that the proposed uses are permitted within the LMN zone district. 3. Compliance with LMN District Standards (Article 4): Land Use Standards. Based on the evidence presented at the hearing, the Project complies with Section 4.4 and the Land Use Standards of the LMN Zone District. Specifically, Section 4.4(D) of the LUC requires that residential developments in the LMN District have an overall minimum average density of five (5) dwelling units per net acre of residential land. The staff report and testimony at the hearing indicates that with the proposed amendment, the overall density of the entire Harvest Park PDP would increase from a net density of 5.08 dwelling units per net acre of residential land to a net density of 5.2 dwelling units per net acre. The total number of units within Harvest Park PDP would, as a result of the major amendment, increase from 470 to 481 dwelling units. The Hearing Officer also notes that the Project serves the purposes of the LMN District in that it provides a "wide range of needs of everyday living in neighborhoods that include a variety of housing choices..." Development Standards. The staff report and testimony presented at the public hearing indicates that the PDP, as amended, is in compliance with section 4.4(E) in that each block is smaller than 12 acres in size. 3. Compliance with Article 3 — General Development Standards: The evidence presented at the hearing establishes that the PDP, as amended, complies with all of the applicable requirements of Article 3, as explained below. Landscaping and Tree Protection. The staff report outlines the PDP's conformance with Section 3.2.1 concerning landscaping and tree protection and there was no evidence introduced at the hearing to contradict the staff report. LC M\57069.24\434277.01 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision Harvest Park Major Amendment and Replat, File No. 25-98G Administrative Hearing Date: January 27, 2003 Page 2 RECORD OF HEARING: The Hearing Officer accepted during the hearing the following evidence: (1) Planning Department staff report; (2) application, plans, maps, reports and other supporting documents submitted by the Applicant and the Applicant's agents to the City of Fort Collins; (3) written correspondence from members of the public concerning the Project; (4) photographs taken of the Project; and (5) 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 Harvest Park Major Amendment and Replat conforms with the requirements set forth in Section 2.2.10(B) concerning Major Amendments to Project Development Plans: The staff report identifies the Project as a major, rather than a minor, amendment to the existing Project Development Plan because it proposes to increase the density by approximately 2.5%, which exceeds the maximum 1 % density increase for minor amendments. This Project has been processed according to the standards in Article 2 of the LUC in that it is subject to Type I administrative review. 2. The Project's Proposed Use for Single -Family Attached Dwellings Is a Permitted Use within the Low Density Mixed Use Neighborhood (LMN) Zone District: The staff report reveals that the proposed development is adjacent to the following surrounding zoning and land uses: N: RL; Harmony Park, Traut Elementary School, existing single-family attached residential north of the school. NW: RL; Preston Junior High School, existing Wild Wood Farm single family neighborhood, S: LMN; Rock Creek Drive, undeveloped portions of the Harvest Park PDP development, Sage Creek development (under construction), W: RL; existing Stetson Creek and Timber Creek single-family residential neighborhoods. E: LMN; existing and under construction portions of the Harvest Park development. L C M \5706 9.24\434277.01 City of Fort Collins Community Planning and Environmental Services Current Planning CITY OF FORT COLLINS, COLORADO ADMINISTRATIVE HEARING OFFICER TYPE 1 ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS, AND DECISION ADMINISTRATIVE HEARING DATE: PROJECT NAME: APPLICANT: OWNER: HEARING OFFICER: January 27, 2003 Harvest Park Major Amendment & Replat — File No. 25-98G Terence Hoaglund Vignette Studios 144 N. Mason Street, Suite 2 Fort Collins, Colorado 80524 The Writer Corporation 6061 S. Willow Drive, Suite 232 Englewood, Colorado 80111 Linda C. Michow, Esq. Gorsuch Kirgis LLP Tower I, Suite 1000 1515 Arapahoe Street Denver, Colorado 80202 PROJECT DESCRIPTION: The Applicant has submitted an application for a major amendment to the approved Harvest Park Project Development Plan ("PDP") in order to change the density of block 2 from 18 single family detached lots to 29 single family attached lots. The proposed request also includes a replat of block 2 of Harvest Park PDP to reconfigure the lots to accommodate the increase in density. The major amendment and replat shall be referred to herein, collectively, as the "Project." SUMMARY OF HEARING OFFICER DECISION: Approval. ZONE DISTRICT: Low Density Mixed Use Neighborhood (LMN). NOTICE OF PUBLIC HEARING AND NEIGHBORHOOD MEETING: Evidence presented to the Hearing Officer established that the hearing was properly noticed in accordance with the City of Fort Collins Land Use Code. City planning staff also held a neighborhood meeting on April 30, 2002. PUBLIC HEARING: The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 6:00 p.m. on January 27, 2003 in the City administrative offices located at 300 West LaPorte Avenue, Fort Collins, Colorado. LCM\57069.24\ 434277.01 281 :North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020