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HomeMy WebLinkAboutHARMONY RIDGE, 2ND FILING - PDP - 49-95F - DECISION - FINDINGS, CONCLUSIONS & DECISIONl City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision October 18, 2004 Administrative Hearing Harmony Ridge PDP — #49-95F Date of Decision: November 1, 2004 Page 13 DECISION The Harmony Ridge Project Development Plan - #49-95F is hereby approved. DATED THIS 1st DAY OF NOVEMBER, 2004. Linda C. Michow, Hearing Officer 1 City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision October 18, 2004 Administrative Hearing Harmony Ridge PDP — #49-95F Date of Decision: November 1, 2004 Page 12 The Hearing Officer concurs with Staffs finding. The reduction in lot widths will promote a cluster development to help preserve the ridgeline and other topographic conditions on the site. In addition, the reduction in lot widths will not have a negative impact on the ability to provide utilities on the site, as was testified to by Staff at the hearing. For these reasons, the Hearing Officer finds that the alternative compliance plan will accomplish the purposes of Section 3.5.2(D)(4) equally well as a plan which is in compliance with the standards contained in this Section. SUMMARY OF CONCLUSIONS The Hearing Officer's Findings and Conclusions are hereby summarized as follows: The PDP application has satisfied and followed the applicable procedural requirements of Article 2. 2. The PDP Complies with Division 4.4 of the Land Use Code — Low Density Mixed -Use Neighborhood Zoning District. 3. The PDP Complies with Article 3 of the Land Use Code — General Development Standards Subject to Approval of Modifications of Standards and Alternative Compliance Plans. 4. The Requests for Modification of Standards to Section 3.2.2(K)(1)(a) — Off -Street Parking for Attached Dwellings, and Section 3.5.2(D)(3) — Side and Rear Yard Setbacks, are approved for the reasons stated herein. 5. The Alternative Compliance Plans for Section 3.2.3(B) — Solar Oriented Lots, and Section 3.5.2(D)(4) — Minimum Lot Width, are approved for the reasons stated herein. City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision October 18, 2004 Administrative Hearing Harmony Ridge PDP — #49-95F Date of Decision: November 1, 2004 Page 11 Hearing Officer further notes that testimony at the public hearing established the PDP's sensitivity to the natural surroundings, including the preservation of the ridgeline as well as establishing an appropriate buffer between the development and the Cathy Fromme Prairie trail. The Hearing Officer commends the Applicant on its plan to cluster the lots so that these goals are met. Section 3.5.21D1(4) - Minimum Lot Width. Section 3.5.2(D)(4) of the LUC generally requires a minimum lot width of 50' for any single-family detached dwelling. The PDP does not meet this requirement as the Plan reflects single-family detached dwelling lot widths of 35' — 50'. The Applicant has submitted an alternative compliance request for review by the Hearing Officer. The Hearing Officer is authorized to approve an alternative site layout that may be substituted in whole or in part for a plan meeting the standards in this Section, provided the following review criteria are met: In approving an alternative plan, the decision maker shall find that the proposed alternative plan accomplishes the purposes of this Section equally well or better than a plan which complies with the standards of this Section. In reviewing the proposed alternative plan, the decision maker shall take into account whether the alternative design enhances neighborhood continuity and connectivity, fosters nonvehicular access, and preserves existing natural or topographic conditions on the site. The Applicant contends that the alternative compliance plan accomplishes the purposes of Section 3.5.2(D)(4) equally well, and facilitates an overall site plan that is in keeping with the City's goals for the Project. The Staff Report indicates City Staff's agreement with the Applicant's request, relying on the competing requirement in the LUC of a minimum density of five dwelling units per net acre in the LMN Zone District to justify the reduction in lot width. As the Staff Report states, only twenty three lots do not satisfy the requirements of this section. In Staffs opinion, the alternative compliance request and plan accomplishes the purposes of this Section equally well than a plan which complies with the standards of Section 3.5.2(D)(4) and that the alternative design enhances neighborhood continuity and connectivity, fosters nonvehicular access, and preserves existing natural or topographic conditions on the site. City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision October 18, 2004 Administrative Hearing Harmony Ridge PDP — #49-95F Date of Decision: November 1, 2004 Page 10 oriented lots. The Hearing Officer notes that testimony at the public hearing reflected the property's physical constraints in terms of achieving the solar orientation requirement. The Hearing Officer concludes, therefore, that the alternative site layout meets the review criteria set forth in Section 3.2.3(E)(2). More specifically, the Hearing Officer finds and concludes that the alternative plan accomplishes the purposes of this section equally or better than a plan which complies with the standards in that the plan preserves the ridgeline, and the natural topography of the site. In addition, the alternative design enhances neighborhood continuity and connectivity in that the PDP connects Harmony Ridge Filing 1 and Filing 2 via Prairie Ridge Drive and provides pedestrian and bicycle access from the Property to the Cathy Fromme Prairie Trailhead. Section 3.5.2(D)(3) - Side and Rear Yard Setbacks. Section 3.5.2(D)(3) of the LUC requires that in the case of a zero lot line development, a single six-foot minimum side yard is required. The PDP as submitted does not satisfy this section of the LUC as it proposes to create the effect of zero lot lines by allowing a 3-foot side yard setback on both sides of each single family dwelling. The Applicant, therefore, has submitted a request for Modification of Standards as contemplated in Section 2.8.2, Modification Review Procedures, (H), of the LUC. As previously stated in this Decision, above, the Hearing Officer may grant a modification of standards only if it finds that the granting of the modification would not be detrimental to the public good, and that it meets one of the criteria set forth in Section 2.8.2(H)(1) through (4). The Applicant relies on Section 2.8.2(H)(4) in support of its request, as "the plan as submitted will not diverge from the standards of the Land Use Code that are authorized by this Division to be modified except in a nominal, inconsequential way when considered from the perspective of the entire development plan, and will continue to advance the purposes of the Land Use Code as contained in Section 1.2.2." The Applicant further contends that the modification is inconsequential relative to the overriding goals of meeting density requirements and enhancing the adjacent natural area. The Staff Report reflects Staff's support of this request for modification based on the criteria relied upon by the Applicant. The Hearing Officer finds and concludes that the Applicant's request for modification is justified based on the arguments presented by Staff as well as the Applicant. The City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision October 18, 2004 Administrative Hearing Harmony Ridge PDP — #49-95F Date of Decision: November 1, 2004 Page 9 golf courses and other similar outdoor recreation areas, drainage ditches and ponds, irrigation ditches and reservoirs, lakes, ponds, wetlands, open spaces reserved on plats for neighborhood use and other like and similar permanent open space. According to the Staff Report, only fourteen (14) of the 47 required lots meet the intent of the LUC. In accordance with Section 3.2.3(E), the Applicant has requested approval of an alternative site layout. The Hearing Officer is authorized to approve an alternative site layout that may be substituted in whole or in part for a plan meeting the standards in this Section subject to the following review criteria: In approving an alternative plan, the decision maker shall find that the proposed alternative plan accomplishes the purposes of this Section equally well or better than a plan which complies with the standards of this Section. In reviewing the proposed alternative plan, the decision maker shall take into account whether the alternative design enhances neighborhood continuity and connectivity, fosters nonvehicular access, and preserves existing natural or topographic conditions on the site. The Applicant explains that the PDP site plan was prepared in consideration of site topography, with the ridgeline oriented at about forty degrees from a north -south line. The Applicant further explains that to achieve at least 65% of the lots oriented along a north -south line would necessitate significant regrading of the ridge slope. According to the Applicant, regrading in order to achieve compliance with Section 3.2.3 would be harmful to the stability of the site, would affect natural areas, and would create adverse views of the development from the Cathy Fromme Prairie trail. The alternative site layout would consist of one lot oriented at an angle between 300 and 350, six lots between 351 and 400, and 11 lots between 401 and 450. Of these 18 lots, all are oriented toward the southwest. The Case Planner, Mr. Olt, has recommended approval of the alternative site layout, relying on configuration of the property, topography, the Property's relationship to the Cathy Fromme Prairie Natural Area, and street alignment constraints as a basis for approval. As the Staff Report explains, the location and triangular shape of the property make it difficult to achieve street alignments that allow for the required number of solar- City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision October 18, 2004 Administrative Hearing Harmony Ridge PDP — #49-95F Date of Decision: November 1, 2004 Page 8 Trailhead, a relatively low amount of traffic will be generated other than what is associated with this PDP. Accordingly, the Hearing Officer finds that the additional 14 on -street parking spaces would be used primarily by the residents of the Project; therefore, any impacts to Fromme Prairie Way would be minimal. In addition, the Hearing Officer adopts Staff's findings that the PDP, as a whole, will advance the purposes of the LUC as contained in Section 1.2.2 of the LUC. For these reasons, the Hearing Officer finds that the modification request to allow 2.0 spaces for each town home unit would not be detrimental to the public good and is justified in accordance with Section 2.8.2(H)(4). Section 3.2.3(B) Solar -Oriented Lots. As stated in the Staff Report, the PDP does not satisfy the requirement set forth in Section 3.2.3(B) pertaining to "solar -oriented lots." This section would require that all forty-five (45) single-family detached residential lots and two (2) of the two-family residential lots meet the definition of a "solar -oriented lot." Section 5.1 of the LUC defines a "solar -oriented lot" as: (1) a lot with a front lot line oriented to within thirty (30) degrees of a true east -west line. When the lot line abutting a street is curved, the "front lot line" shall mean the chord or straight line connecting the ends of the curve. For a flag lot, the "front lot line" shall mean the lot line that is most parallel to the closest street, excluding the "pole portion of the flag lot"; or (2) a lot which, when a straight line is drawn from a point midway between the side lot lines at the required front yard setback to a point midway between the side lot lines at the required rear yard setback, is oriented to within thirty (30) degrees of true north along said line; or (3) a corner lot with a south lot line oriented to within thirty (30) degrees of a true east -west line, which south lot line adjoins a public street or permanently reserved open space; provided, however, that the abutting street right-of-way or open space has a minimum north -south dimension of at least fifty (50) feet. For the purposes of this definition, "permanently reserved open space" shall include, without limitation, parks, cemeteries, City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision October 18, 2004 Administrative Hearing Harmony Ridge PDP — #49-95F Date of Decision: November 1, 2004 Page 7 two -car garages would all but eliminate the only small internal open space adjacent to the multi -family dwellings. In addition, the Applicant contends that the modification request will diverge from the standards of the LUC in only a nominal, inconsequential way when considered from the perspective of the entire development plan. More specifically, the Applicant states that: Providing the paved parking required by the code to meet the extra 0.5 spaces per unit of the standard outside the attached two -car garages would require only 7 additional parking spaces not located on Fromme Prairie Way. And yet, 14 parking spaces are proposed on Fromme Prairie Way. The impact to Fromme Prairie Way in relying on the on -street parking to meet project parking demand will be inconsequential. Fromme Prairie Way in front of the proposed multi -family and two-family dwellings, as described above, will carry a portion of the project traffic, and a very limited amount of traffic to the Cathy Fromme Prairie trailhead. This traffic is limited by the fact the street is a cul-de-sac at the trailhead and by the few parking spaces provided at the trailhead. Thus, this perimeter street does not function like typical perimeter streets that usually provide through -connections to other neighborhoods or commercial/retail uses. The 14 parallel parking spaces proposed will be located outside the required 30-foot local road section of Fromme Prairie Way, and will be on the south side of the road, such that pedestrian movement will not require a crossing of the street. The Staff Report also indicates that the requested modification, to provide twenty eight (28) off-street parking spaces instead of the required thirty-five (35) spaces, will not diverge from the standards of the LUC except in a nominal, inconsequential way when considered from the perspective of the entire development plan. It is worth noting, as the Staff Report points out, that as two or three bedroom town home units, the PDP would comply with Section 3.2.2(K)(1)(a) in that a total of 28 spaces is provided. Equally significant in the PDP plan is the provision of 14 additional, recessed parallel parking spaces along Fromme Prairie Way. Because Fromme Prairie Way is a cul-de-sac which provides access to this development and the Cathy Fromme City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision October 18, 2004 Administrative Hearing Harmony Ridge PDP — #49-95F Date of Decision: November 1, 2004 Page 6 proposed project would substantially address an important community need specifically and expressly defined and described in the City's Comprehensive Plan or in an adopted policy, ordinance or resolution of the City Council, and the strict application of such a standard would render the project practically infeasible; or (3) by reason of exceptional physical conditions or other extraordinary and exceptional situations, unique to such property, including, but not limited to, physical conditions such as exceptional narrowness, shallowness or topography, or physical conditions which hinder the owner's ability to install a solar energy system, the strict application of the standard sought to be modified would result in unusual and exceptional practical difficulties, or exceptional or undue hardship upon the owner of such property, provided that such difficulties or hardship are not caused by the act or omission of the applicant; or (4) the plan as submitted will not diverge from the standards of the Land Use Code that are authorized by this Division to be modified except in a nominal, inconsequential way when considered from the perspective of the entire development plan, and will continue to advance the purposes of the Land Use Code as contained in Section 1.2.2. The Applicant has proposed that the modification of the standard would not be detrimental to the public good and that it meets the requirements of Sections 2.8.2(H)(3) & (4) of the LUC. The Applicant contends that by reason of exceptional physical conditions, including proximity to a natural area and small wetland, and including the topographical condition of the steep slope, a strict application of Section 3.2.2(K) would result in an unusual practical difficulty. As stated by the Applicant. - the project plan has been designed to minimize impact to the slope, to maximize the buffer between the proposed lots and the Prairie, and to protect the small wetland. In doing so, the project footprint has been minimized, and availability of area in which to provide the off-street parking requirement is limited. Providing the paved parking required to meet the extra 0.5 spaces per unit of the standard outside the attached City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision October 18, 2004 Administrative Hearing Harmony Ridge PDP — #49-95F Date of Decision: November 1, 2004 Page 5 Number of Bedrooms/Dwelling Unit Parking Spaces Per Dwelling Unit One or less 1.5 Two 1.75 Three 2.0 Four and above 2.5 In addition, Subsection 3.2.2(K)(1)(b) of the LUC provides a parking "credit' in the following circumstance: Multi -family, Attached or Two -Family Projects Developed with Internal Streets: Parking on an internal street fronting on a lot or tract containing multi -family, attached or two-family dwellings (except for mixed -use dwellings and single-family detached dwellings) may be counted to meet the parking requirements for the development. The Applicant is seeking a modification to this parking standard pursuant to Section 2.8.2 of the LUC. As specified in Section 2.8.2, Modification Review Procedures, (H), the Hearing Officer may grant a modification of standards only if it finds that the granting of the modification would not be detrimental to the public good, and that: (1) the plan as submitted will promote the general purpose of the standard for which the modification is requested equally well or better than would a plan which complies with the standard for which a modification is requested; or (2) the granting of a modification from the strict application of any standard would, without impairing the intent and purpose of this Land Use Code, substantially alleviate an existing, defined and described problem of city-wide concern or would result in a substantial benefit to the city by reason of the fact that the City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision October 18, 2004 Administrative Hearing Harmony Ridge PDP — #49-95F Date of Decision: November 1, 2004 Page 4 As the Staff Report indicates, the Harmony Ridge PDP complies with some, but not all, of the General Development Standards contained in Article 3 of the LUC. The Staff Report states that the PDP complies with Section 3.2.1, concerning Landscaping and Tree Protection; Section 3.2.2 with respect to access and circulation (but not certain parking requirements); Division 3.3, Engineering Standards; and Division 3.4, Environmental, Natural Area, Recreational and Cultural Resource Protection Standards. There was no contrary evidence presented at the public hearing; therefore, the Hearing Officer finds that the PDP complies with Section 3.2.1; Section 3.2.2 (exclusive of subsection (K)); Division 3.3 and Division 3.4. The PDP does not comply with the following four sections of the General Development Standards contained in Article 3: Section 3.2.2(K)(1)(a) — Off -Street Parking for Attached Dwellings; Section 3.2.3(B) — Solar Oriented Lots; Section 3.5.2(D)(3) — Side and Rear Yard Setbacks; and Section 3.5.2(D)(4) — Minimum Lot Width. Each of these sections will be separately addressed in the following discussion and analysis. Section 3.2.2.(K)(1)(a) — Off -Street Parking for Attached Dwellings. The proposed 45 single family detached dwelling units include sufficient off-street parking through provision for two -car garages. In terms of the 14 single family attached dwellings (town homes), however, the Applicant would like the flexibility to make all town home units four bedroom units which would in turn increase the off-street parking requirements from 1.75 and 2.0 parking spaces per unit to 2.5 spaces per unit. Subsection 3.2.2(K)(1)(a) of the LUC sets forth the following minimum parking requirements for attached residential units: Attached Dwellings: For each two-family and multi -family dwelling there shall be parking spaces provided as indicated by the following table: City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision October 18, 2004 Administrative Hearing Harmony Ridge PDP — #49-95F Date of Decision: November 1, 2004 Page 3 to meet a wide range of needs of everyday living in neighborhoods that include a variety of housing choices, that invite walking to gathering places, services and conveniences, and that are fully integrated into the larger community by pattern of streets, blocks, and other linkages. A neighborhood center provides a focal point, and attractive walking and biking paths invite residents to enjoy the center as well as the small neighborhood parks. Any new development in this District shall be arranged to form part of an individual neighborhood. Section 4.4(B)(2) of the LUC provides that single-family detached dwelling units and multi -family dwelling units up to eight units per building are permitted in the LMN Zone District, subject to an administrative (Type 1) review. The Staff Report indicates that this PDP application complies with the purpose of the LMN District in that it is an infill project that provides single-family detached and multi- family dwellings on a parcel that is virtually surrounded by residential development. As the Staff Report points out: "the property is within easy walking distance of the natural area, a neighborhood park (Westfield), 2 schools (Johnson elementary and Webber Junior High), a community college (Front Range), and a City library." Although there was ample public testimony at the hearing, no person spoke in opposition to the PDP's compliance with applicable LMN Zone District standards. The Hearing Officer finds that the PDP fulfills the purposes of the LMN District in that the Project will be fully integrated with the surrounding community in terms of connectivity to the Cathy Fromme natural area, a neighborhood park, and various other community places, such as schools and a City library. The Hearing Officer further finds that the PDP complies with the Land Use Standards set forth in Section 4.4(D) and the Development Standards set forth in Section 4.4(E). The Staff Report notes compliance with these sections and no testimony or evidence was introduced at the hearing to contradict such findings. 3. The PDP Complies with Article 3 of the Land Use Code — General Development Standards Subiect to Approval of Modifications of Standards and Alternative Compliance Plans. City of Fort Collins — Type 1 Administrative Hearing Findings, Conclusions, and Decision October 18, 2004 Administrative Hearing Harmony Ridge PDP — #49-95F Date of Decision: November 1, 2004 Page 2 City Council Chambers of the City of Fort Collins located at 300 LaPorte Avenue, Fort Collins, Colorado. NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established that the October 18, 2004 Type 1 administrative hearing was properly posted, legal notice mailed and notice published. RECORD OF HEARING: The Hearing Officer accepted into the record the following evidence: (1) Planning Department Staff Report; (2) Application, maps, plans, photographs, and other supporting documents submitted by the applicant and the applicant's representatives; (3) sign -in sheet for public testimony; and (4) an audio tape of the administrative hearing. The City of Fort Collins Land Use Code ("LUC"), and the formally promulgated policies of the City are made part of the evidence and record considered by the Hearing Officer. FINDINGS OF FACT Based on the evidence presented at the hearing, the Hearing Officer finds that the Harmony Ridge PDP meets the applicable criteria and requirements of the LUC as discussed hereinbelow. In general, the Hearing Officer accepts the findings by City staff contained in the Staff Report. More specifically, the PDP meets the specific requirements of the LUC as summarized below: 1. The PDP application has satisfied and followed the applicable procedural requirements of Article 2. The Hearing Officer finds that the Harmony Ridge PDP has complied with and followed the applicable procedures set forth in Division 2.2 in terms of notice and type 1 administrative public hearing. There was no contrary evidence presented at the public hearing. 2. The PDP Complies with Division 4.4 of the Land Use Code — Low Density Mixed -Use Neighborhood Zoninq District. In accordance with Section 4.4(A) of the LUC, the main purpose of the LMN - District is City of Fort Collins Comma y Planning and Environmental 4vices Current Planning CITY OF FORT COLLINS, COLORADO ADMINISTRATIVE HEARING OFFICER TYPE 1 ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS, AND DECISION ADMINISTRATIVE HEARING DATE PROJECT: APPLICANT: OWNERS': HEARING OFFICER: SUMMARY OF DECISION October 18, 2004 Harmony Ridge, Filing 2 - Project Development Plan - No. 49-95F Jim Newcomb 932 East Pitkin Street Fort Collins, Colorado 80524 Jim Newcomb, Manager Global Holdings of Colorado, LLC 923 East Pitkin Street Fort Collins, Colorado 80524 Linda Michow, Esq. Widner & Michow LLP 4600 S. Ulster Street, Ste. 700 Denver, Colorado 80237 Approval PROJECT DESCRIPTION AND PROCEDURE This is a request for a total of 59 dwelling units (fourteen town homes in five separate buildings and forty-five single-family detached dwellings) on 14.1 acres. The buildings will be one to two and one-half stories in height. The Project is part of a larger Overall Development Plan which was approved by the City of Fort Collins Planning and Zoning Board in 1996. As contemplated in the Harmony Ridge ODP, the City Natural Resources Department purchased 141 acres of the ODP property to add to the Cathy Fromme Prairie Natural Area. ZONE DISTRICT: The property is zoned LMN - Low Density Mixed -Use Neighborhood. PUBLIC HEARING: The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 5:35 p.m. on October 18, 2004 in the ' Other owners in the Project include: Harmony Ridge Estates, LLC through J.D. Padilla, its Manager; JDP, LLC through its Member J.D. Padilla, DCW Timberline Lakes, LLC through its Member, D. Christopher Wells; and RAW Timberline Lakes, LLC through its Member, Ronald A. Wykstra 2SI North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020