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HomeMy WebLinkAboutSAGE CREEK - PDP - 25-98B - DECISION - FINDINGS, CONCLUSIONS & DECISION,;Fz9. oc:-., >e,o-Als,25 REM N4 �1 i r-.� �� _1 � Co�`�9N�� �i�i.�c,✓b-ivy" C i ry Cie The applicant shall not commence construction of the dwellings until full and final review of the project for compliance with Division 3.5 is complete. 4. The Applicant shall submit all materials necessary for the staff to determine compliance with Division 3.5.2 (D) Residential Building Setbacks. As stated above the Hearing Officer shall retain jurisdiction to resolve any issues the parties can not resolve themselves. Dated this 7th day of March, 2000 per authority granted by Section 1.4.9 (E) and 2.1 of the Land Use Code. Steven Klausing, He g Officer 14 FINDINGS OF FACT/CONCLUSIONS After reviewing the staff report, the Sage Creek Project Development Plan submittal and considering all the evidence at the public hearing, the Hearing Officer makes the following findings of fact and conclusions: The Project Development Plan is located in the LMN Districts. The proposed land uses of single-family detached dwellings, both large and small lot, and multifamily dwellings (limited to six or less units per building), and a neighborhood center are permitted in the LMN zone district subject to administrative review. The Project Development Plan complies with all applicable district standards of Section 4.4 of the Land Use Code, the LMN — Low Density, Mixed -use Neighborhood zone district. 2. The Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code with the permitted alternative compliance. as noted herein. 3. The application meets the criteria for alternative compliance requests for Sections 3.6.3 Street Pattern and Connectivity. Decision Based upon the findings and conclusions, the applicant's request for Project Development Plan approval for Sage Creek case number 25-98B is approved with the following conditions. 1. The applicant shall comply with the proposed alternative compliance Section 3.6.3 Street Pattern and Connectivity. 2. The applicant shall comply with all notes and conditions set forth on the applicant's submittal sheets 1 through 9 dated 4/20/1999 and prepared by Cityscape, the Lighting Plan prepared by Marshall Design dated December 20, 1999, and the plat prepared by The Sear -Brown Group pages 1 through 4 undated. 3. The applicant shall submit all elevations and other materials necessary to enable the planning staff to review this project for compliance with Division 3.5 Building Standards. In the event the planning staff and applicant can not agree upon the project's compliance with this division they shall refer this matter to the Hearing Officer, who shall retain jurisdiction, for determination. 13 well designed with regard to safety, efficiency and convenience for automobiles, bicycles, pedestrian and transit modes of travel. The Hearing Officer finds that the evidence is that street connectivity is limited by several of the factors above. The evidence is that street connectivity is restricted to the north due to McClelland Channel drainage system. This channel is an important drainage way that the Natural Resources Department is attempting to reclaim. It has also been identified as an important drainage by the Storm Water Department. The standard would require four crossings. It is the opinion and the testimony of these departments that this many crossings would be detrimental to their goals. The Applicant has proposed two crossings instead of the four and the applicant has proposed two additional pedestrian crossings. It is important to note that this Hearing Officer previously approved a similar request for alternative compliance for a development to the north based upon the same findings and testimony by City staff. Therefore, the property to the north will be accessed by two vehicular and two additional pedestrian crossings.. The Hearing Officer may grant alternative compliance if it is found that the proposed plan accomplishes the the purposes of the Division equally or better than a plan which complies with the Division. In determining the applicant's alternative compliance it is necessary to evaluate several important policy goals of the city. In this case adequate access has been provided and the plan protects important natural resources and features. An existing topographical feature is present and existing development to the north has been designed to be consistent with the Applicant's plan. The Hearing Officer finds that this is a well conceived alternative that accomplishes the intent of the standard and promotes other important city goals, the alternative compliance is approved. Division 3.6.4 Transportation Level of Service Requirements A Transportation Impact Study (TIS) was conducted. The staff report indicates that the TIS, which has been reviewed by the City's Traffic Engineer and Transportation Planning Department, meets the required Level of Service Standards for all modes of transportation to and from the site. Division 3.6.6 Emergency Access This Division requires that emergency vehicles can gain access to, and maneuver within, the project so that emergency personnel can provide fire protection and emergency services without delays. The plan meets this requirement. 12 plan does not adequately set forth all these set backs. Specifically, the plan does not set forth the setbacks for non arterial streets nor the side set backs. Approval of this application will be conditional upon submittal of the set backs and their compliance with the requirements. Division 3.5.2 (E) Garage Doors This standard requires that front facing garage doors be recessed behind either the front of the facade of the living area of the unit or a covered porch measuring at least 6 feet by 8 feet and no more than 50% of the ground floor street facing facades will be comprised of garage doors. The evidence is that this standard is met. Division 3.6.1 Master Street Plan The City has identified the location and ultimate functional classification of necessary arterial and collector streets on the "City of Fort Collins Master Street Plan". All developments must provide for and accommodate the streets and transportation facilities identified in this plan. The Master Street Plan identifies County Road 9 and County Road 36 as arterials. The PDP recognizes these designations and provides for the dedication of the appropriate right of way. The Hearing Officer finds that the plan complies with these requirements and accomplishes the goals of the plan. The testimony was that the applicant must make the required adjacent improvements as well as the off -site improvements to the transportation system as required by the LUC. Division 3.6.2 Streets, Streetscapes. Alleys and Easements The Applicant is required to provide improvements to the City's street system in accordance with the City's street grid system policy and Master Street Plan. Included within this requirement are appropriate right of ways, cul de sac lengths and the design of an internal grid system that is adequate for the anticipated traffic within the development. The evidence is that the proposed system provides adequate circulation for the anticipated traffic within the development. Division 3.6.3 Street Pattern and Connectivity Standards This Division requires that street connections to surrounding communities be provided at intervals not to exceed 600 feet, unless rendered infeasible due to unusual topographic features, existing development or a natural area or feature. The purpose of this standard is to ensure that local street system is 11 be compatible with the established architectural character of such areas by using a design that is complimentary Architectural character, building size, height, bulk, mass and scale, building orientation, privacy considerations and building materials are all standards set forth in General Development Standards Division 3.5 Building Standards, 3.5.1 Building and Project Compatibility. Therefore, the project must be evaluated against these standards, compliance with which is required pursuant to Division 2.4.2(H). The Hearing Officer notes that the orientation of the townhomes allow access directly to and from walkways without having to walk along or through parking lots as required by Section 3.5.1 (D). The applicant has submitted some illustrative elevations and artists renderings of the elevations and architectural elements of the proposed houses and the community center. Specifically, the applicant has indicated the building materials elevations of the townhouse and community center. These submittals are in compliance with the standard. In respect to the single family detached units the Applicant has submitted only illustrations, furthermore, the applicant has indicated that these are representative and not necessarily the exact elevations that will be built. The proposed units suggest a high degree of architectural detail, creativity and imagination. If built similarly to the submitted materials these houses would comply with a standards Accordingly, the Hearing Officer's decision will be conditional upon compliance with these standards. The applicant shall submit to the city planning department full architectural elevations including materials descriptions. If these are substantially similar to the illustrations submitted at the hearing the houses will meet the standard. If however, they differ substantially and the parties can not agree then the Hearing Officer shall retain jurisdiction to resolve this issue. Division 3.5.2 Residential Building Standards As stated above since the applicant has not submitted sufficient elevations or other materials to enable the Hearing Officer to evaluate these factors the Hearing Officer's decision will be conditional upon compliance with these standards. Division 3.5.2 ( ) Residential Building Setbacks The Applicant must submit a plan that sets forth the minimum setback for every residential building from every arterial street right of way. The regulation requires that this setback be 30 feet. The plan must also set forth non arterial street setbacks and side and rear setbacks. The staff has testified that the 110C is 2 parking space for units with less than 40 feet of frontage and 1 space for units with more than 40 feet of frontage. Although it is not clear from the plan whether each unit will have a 1 or 2 car garage, garages are indicated and this requirement may be enforced at the building permit stage. Division 3.2.3 Solar Access, Orientation, Shading Section 3.2.3(B) of the Land Use Code which states, "at least 65% of the lots less than 15,000 s.f. 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 has determined that 110 of the proposed units must meet the soar orientation ordinance. After review of the applicant's plan 97 of the lots meet the ordinance, this is 88% of the lots subject to the ordinance and therefore the standard is met. Division 3.2.4 Site Lighting The locations of street lights is determined by the Light and Power Department after the plat is recorded. The on -site lighting levels will satisfy the lighting limits of the LUC. Division 3.4.1 Natural Habitats and Features This site is bordered by a drainage channel to the north that has deteriorated over time. The applicant has proposed significant improvements in cooperation with the city and other property owners. The testimony is that the development will provide a significant positive contribution to the restoration of a badly deteriorated natural area. In addition, enhancements to this drainage way will significantly improve an important city drainage way providing flood control. The standard is met. Division 3.4.1(E) Establishment of Buffer Zones The plan indicates that the applicant has provided a 50' buffer adjacent to the Channel which is sufficient. Division 3.5.1 Building and Project Compatibility The purpose of this Article is to ensure that the physical and operational characteristics of proposed buildings and uses are compatible when considered within the context of the surrounding area. Architectural character requires that new development in or adjacent to existing developed areas shall W Division 3.2.2 Access. Circulation and Parkinq The purpose of this Division is to ensure that the parking and circulation aspects of the development are well designed with regard to safety, efficiency and convenience for vehicles, bicycles, pedestrians and transit both within the development and to and from surrounding areas. A traffic impact study was conducted by the applicant and submitted to the city for review. Evidence at the hearing was that the study was complete and the staff concurred with the findings and recommendations of the study. This standard has been met. Division 3.2.2 (C) Safety Considerations Testimony was received at the hearing and the plan indicates that the parking and circulation system will accommodate the movement of vehicles, bicycles, pedestrians and transit safely and conveniently throughout the site and to and from surrounding areas. Division 3.2.2(C) (2) Curb cuts and Ramps Adequate curb cuts and ramps have been provided at convenient, safe locations. Division 3.2.2(C)(5) Walkways The on -site pedestrian system provides directness, continuity and safety. The plan includes enhancement to pedestrian crossings to ensure the recognition of the pedestrian way. Division 3.2.2(C)(6) Direct On -site Access to Pedestrian and Bicycle Destinations Direct connections to the neighborhood center, and the small neighborhood park are provided by the pedestrian/bicycle network. The number of driveway and drive aisle crossings have been minimized and special treatment has been given to identify pedestrian crossings Division 3.2.2 (K) Parking This Division requires adequate parking which is dependent upon the number of bedrooms and the type of unit. For attached units the standard is up to 2.5 parking spaces for up to 4 bedrooms and 2 required for up to three bedrooms. The Hearing Officer notes that 476 parking spaces are provided which is 2.07 spaces per unit, therefore the standard is met. For detached units the standard 8 Division 4.5(E) Block Requirements The plan and drawings submitted by the applicant indicate that the streets being proposed meet the block structure and block size requirements. Article 3 of the Land Use Code — General Development Standards The application must comply with all applicable Article 3 General Development Standards. Evidence was presented at the hearing and was included within the applicant's submittal materials which the hearing officer finds applicable to the following specific standards and which meet these standards. In addition, the applicant is requesting alternative compliance for one issue which is addressed separately. Division 3.2.1 Landscaping and Tree Protection The applicant must submit a landscaping plan that ensures significant canopy shading, contributes to the visual quality and continuity within and between the development and other developments, provides screening and mitigates conflict between activity areas and site elements, enhances outdoor spaces, reduces erosion and storm water runoff and mitigates air pollution. The plan must meet the general standard of Division 3.2.1 (A) The Applicant has submitted a plan and the Hearing Officer finds that the plan meets these standards. Division 3.2.1 U Street Trees This Code section provides 'Wherever the sidewalk is separated from the street by a parkway, canopy shade trees shall be planted at thirty-foot to forty -foot spacing (intervals) in the center of all such parkway areas." The proposal provides trees spaced at 40 foot intervals in a 6 foot wide parkway between the curb and sidewalk along Corbett Drive, County Road 36 and County Road 9 and generally 40' in 6' wide parkways along internal and connector streets. Division 3.2.1 (D) (3) Minimum Species Diversity No more than 15% of the landscaping consists of a single species. The evidence is that the plan meets the minimum species diversity and sizing requirements. VA requirement. One type of housing type may not constitute more than 90% of the total number of dwelling units. The applicant has proposed three housing types: (1) standard lot single-family detached dwellings (lots containing 6000 s.f. or more), (2) small lot single-family detached dwellings (lots containing less than 6000 s.f.), (3) attached multi family dwellings containing six units. The proposed lot sizes show a very wide range from 13,971 to 936 square feet. The applicant has proposed attached and detached units. The Hearing Officer finds that this proposal does not contain any one housing type that constitutes more than 90% of the total and the standard is met. Division 4.4 (3) Neighborhood Centers A neighborhood center satisfying the location, design, access, and outdoor spaces requirements is proposed as part of this Project Development Plan. The proposed neighborhood center will include a recreation center, pool day care and community center. The standard is satisfied by including the neighborhood center in the plan. As a design factor 100% of the dwellings in this Project Development Plan are located within the specified distance (3,960') from the neighborhood center which the plan shows. Division 4.4 (7) Small Neighborhood Parks A neighborhood park is included in the plan. The Hearing Officer notes that the attached portion of the project utilizes significant open space that while not designated as park creates an open environment. The site has a large park area to the north and along the drainage channel. At least 90% of the dwellings in a development are within 1/3 mile of a neighborhood park, that is at least 1 acre in size. Division 4.4(E) Streets and Blocks An interconnected network of streets is provided in the LMN portion of this Project Development Plan in a manner that results in blocks of developed land bounded by connecting streets no greater than 12 acres in size, thereby satisfying the applicable streets and blocks standards. Division 4.4 (E) (2) Nonresidential and Mixed -Use The neighborhood center is the only nonresidential land use in the Project Development Plan. The plan for the center meets the maximum size, height, roof form, building massing, orientation, and other restrictions for nonresidential buildings within the LMN zone. 2 The proposed uses of single-family detached dwellings on standard and small lots and single family attached dwellings (limited to six or less units per building) are permitted in the LMN zone district subject to administrative review. The applicant has included a neighborhood center as a focal point of the plan. The Hearing Officer finds that the land use is permitted and includes the required elements for this district and is of the preferred size. Compliance With Article Two Administration Division 2.2.2 Neighborhood Meeting As previously stated herein a neighborhood meeting is not required for the approval of this Project Development Plan by Type 2 Administrative review. However, the Hearing Officer notes that a neighborhood meeting was held a few months prior in conjunction with the Harvest Park development immediately to the north of this project. While the evidence and facts pertaining to the Harvest Park project are unique to it the Hearing Officer notes that the issues and concerns raised at that meeting and the subsequent hearing are very similar to the those raised at the Sage Creek public hearing. Compliance With Division 4 Development standards Division 4.4(D) Density The overall minimum average density for the LMN portion of the overall Sage Creek site must be at least 5 dwelling units per net acre of residential land and may not exceed eight dwelling units per acre. The Project Development Plan provides a density of 6.03 dwelling units per net acre of residential land for the LMN portion of this phase of the development. The Hearing Officer finds that this is within the minimum and maximum required density for this district. While some lots might be seen as small there is a large variety in lot sizes which is preferred by the LUC and unit sizes are of a large variety and finally the overall density is in the mid range of the regulatory requirement. Division 4.4 (D) (2) Mix of Housing Because the development is more than 45 acres this Project Development Plan is required to provide a minimum of three housing types. In addition the Code requires a variety of lot sizes and dimensions in order to avoid a monotonous streetscape, larger lots are encouraged on corners and smaller lots adjacent to common open spaces.. Standard single family lots over 6,000 square feet, small single family lots less than 6,000 square feet for detached homes and single family attached units may be used to satisfy this 5 W: County FA 1 Zone; Existing residential (Blehm Subdivision). The site was annexed as part of the Ruff Annexation, September 15, 1998. Findings The Hearing Officer finds that this is a request for approval of a Project Development Plan, that review as an Administrative Type 1 review is appropriate and that the zoning for the site is Low Density Mixed Use Neighborhood, LMN. The Hearing Officer finds that the applicant has submitted a request for: single family detached dwellings on standard (6,000 square foot) and small lot (less than 6,000 Square foot), and single family attached dwellings (limited to six or less units per building), and a neighborhood center within the LMN zoning district. The Hearing Officer finds that these are permitted uses in the LMN zoning district in the Land Use Code Section 4.4(B) subject to administrative review. The Hearing Officer finds that the submittal complies with the permitted uses within the LMN District, that the request complies with the District Standards contained in Section 4.4 (LMN - Low Density Mixed -use Neighborhood zone district) and Article 3 of the Land Use Code (General Development Standards) upon conditional acceptance of the alternative request by the applicant and subject to the conditions that follow. Land Uses Division 4.4 Low Density Mixed Use Neighborhood The project is located in the LMN District. The Land Use Code describes the LMN district as intended to be a setting for low density housing combined with complimentary and supporting land uses that serve the neighborhood and are developed and operated in harmony with the residential characteristics of the neighborhood. A variety of housing choices is intended that invite walking to gathering places, services and conveniences. A community center provides a focal point and attractive walking places and biking paths invite citizens to enjoy the center as well as small parks. New developments in this district are to be arranged to form part of an individual neighborhood. The neighborhood center is intended to form the core of the neighborhood the size of which is typically 80 to 160 acres. Though the subject site is slightly smaller than the typical for this type of development it incorporates the essential elements. 4 Marc Virata Engineering Department Kim Kreimeyer Environmental Planner Mark Jackson Transportation Planning For the Applicant: Eldon Ward Cityscape Urban Design, Inc. 3555 Stanford Road, Suite 105 Fort Collins, Colorado 80525 Jim Postle The Jim Postle Company 2919 Valmont Road, Suite 204 Boulder, CO 80301 Testimony was received from several citizens during the public comment portion of the hearing. These citizens signed a sign in sheet and entered their names into the record. Background The applicant's submittal materials and the staff report are a part of the record and are incorporated herein by reference. The Hearing Officer takes official notice of the drawings and visual aids, including slides, used during the hearing and the Fort Collins Comprehensive Plan and street master plan. The evidence is that the surrounding zoning and land uses are: N: RL; Existing residential, school, park lands Wildwood, Preston Junior High, Traut Elementary). Harvest Park, Project Development Plan #25-98A S: County FSA 1 Zone existing residential (The Homestead Subdivision E FA 1 Larimer County, existing agricultural. 3 neighborhood center and a neighborhood park. This site is west of County Road 9, north of County Road 36, south of East Harmony Road, and east of Timberline Road. the property is zoned Low Density Mixed -Use Neighborhood District (LMN). Hearing Officer Recommendation: Approval with Conditions Zoning District: Low Density Mixed Use Neighborhood Notice of Public Hearing and Neighborhood Meeting: The planning staff representative testified that the property was properly posted, legal notice mailed and published. There is no requirement for a neighborhood meeting and one was not held. Public Hearing The Hearing Officer, presiding pursuant to The Fort Collins Land Use Code, (LUC) opened the hearing at 7:00 p.m. on February 28, 2000 in the conference room of the City of Fort Collins Planning Department located at 281 North College Ave. Fort Collins, CO. The Hearing Officer admitted the staff report and the Applicant's submittals, which included a Traffic Study, Drainage and Erosion Control Study, Project Development Plans, and elevations of some of the units into the record. Hearing Testimony Written Comments and Other Evidence The following individuals tested at the hearing: From the City of Fort Collins: Ron Fuchs City Planner Basil Hampden Utilities Department Janet Meisel -Burns Parks Department PA City of Fort Collins Commi. _ty Planning and Environmental :rvices Current Planning CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE 1 ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION Hearing Officer: Steven Klausing, Hearing Officer Administrative, Type 1 Project Name: Sage Creek Case Number: #25-98B Owners: H. H. Investment Co. , a Colorado general partnership PO Box 16383 Denver, Colorado 80216 Applicant: Eldon Ward, President Cityscape Urban Design, Inc. 3555 Stanford Road, Suite 105 Fort Collins, CO 80525 'Developer: Jim Postle The Jim Postle Company 2919 Valmont Road, Suite 204 Boulder, CO 80301 Project Description: This is a request for approval of a Project Development Plan pursuant to an Administrative Hearing Type 1. The development is 56.91 acres which the applicant proposes to develop into 230 residential units. These units break down to 110 single family detached residence, 120 attached single family residences on lots ranging in size from 13,971 square feet to 936 square feet. The Sage Creek Development Plan includes a community 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020