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HomeMy WebLinkAboutEAST RIDGE - PDP - 33-98D - DECISION - FINDINGS, CONCLUSIONS & DECISIONL ova S�►� d� A 1-13©q a7 !t sf. RD. a RECj6 y �a63y East Ridge PDP Administrative Hearing Findings, Conclusions, and Decision January 12. 2006 Page 5 of 5 B. The East Ridge Project Development Plan is consistent with the approved East Ridge Overall Development Plan. C. The East Ridge Project Development Plan complies with all applicable district standards of Section 4.4 of the Land Use Code, (LMN) Low Density Mixed Use Neighborhood zone district. D. The East Ridge Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code. DECISION The East Ridge Project Development Plan #33-98D is hereby approved by the Hearing Officer subject to the following condition: The Applicant shall submit architectural elevations for all attached residential units, including materials and colors, to insure compliance with the intent of this approval and compatibility with the surrounding area, no later than the time of final plan submittal. Dated this 20th day of January 2006, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Cameron Gloss Current Planning Director East Ridge PDP Administrative Hearing Findings, Conclusions, and Decision January 12, 2006 Page 4 of 5 approved East Ridge ODP that requires construction of additional residential units within the remainder of the East Ridge development site which will bring the residential density above the overall minimum required in the LMN district. Since this project is over 30 acres, the proposal includes three distinct housing types including single family attached units, single family detached units on standard lots and single family detached units on small lots. The Project is also in conformance with land use standards relating to building height, calling for buildings to be two and one-half (2'/2) stories or less. The information submitted with the PDP indicates that the Applicant and Owner have designed the PDP in conformance with the applicable regulations. 3. Compliance with Article 3 of the Land Use Code — General Development Standards The Project Development Plan complies with all applicable sections of Article 3 of the LUC, including the Transportation Level of Service standards found in Section 3.6.4(B)(2). The submitted Transportation Impact Study (TIS) indicated that all affected intersections would continue to operate within the City's adopted Level of Service. Future development phases on the East Ridge site may require that additional intersection improvements be made to the Vine and Lemay intersection prior to construction of such phases. No information was provided to the Hearing Officer to substantiate compliance with the architectural compatibility requirements for proposed attached single family units. Therefore, a conditional approval has been granted that will require architectural elevations for all attached units to ensure compliance with the requirements of Article 3. The Staff Report summarizes the PDP's compliance with the applicable site planning and design, access, circulation, parking, solar access, engineering, building and project compatibility, building design (except as noted), and transportation standards and there was no evidence submitted at the hearing to contradict the statements and conclusion of the Staff Report concerning compliance or to otherwise refute compliance with the Article 3 Standards. SUMMARY OF CONCLUSIONS A. The East Ridge Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). East Ridge PDP Administrative Hearing Findings, Conclusions, and Decision January 12, 2006 Page 3 of 5 Written Comments: None FACTS AND FINDING Compatibility with Surrounding Uses The surrounding zoning and land uses are as follows: N: E—partially developed; W: LMN/1—Existing residential and industrial uses; S: LMN—Existing construction business; E: LMN— Undeveloped The property was annexed as part of the East Ridge Annexation in February 2002 and the East Ridge 2nd Annexation in October 2005. The PDP is part of the East Ridge Overall Development Plan (ODP) that was approved by the Planning and Zoning Board on January 20, 2005. The ODP included approval for a net residential density ranging from 5.3-7.3 units/acre, with no individual phase providing more than 12 units/acre. Testimony was offered at the hearing by neighboring landowners requesting information regarding the level of public improvements associated with the Project and the anticipated potential construction schedule. Timberline Road will be widened along the Project frontage to a 3-lane interim section, and an ultimate conceptual design for the Vine/Lemay prospective future overpass, with as many as six lanes at the intersection, has been submitted as part of the development application. During the hearing, the applicant expressed an interest in commencing improvements on -site, and within the adjacent Timberline right-of- way, within approximately 1-2 years. 2. Compliance with Article 4 and the LMN— Low Density Mixed Use Zoning District Standards: The Project Development Plan complies with all applicable requirements of Article 4 and the LMN zone district. The Staff Report summarizes the PDP's compliance with these standards. In particular, the proposed net residential density of 4.73 dwelling units per net acre is less than the minimum allowable residential density of 5 (five) dwelling units per net acre permitted within the zone district. However, the proposed residential density is consistent with the East Ridge PDP Administrative Hearing Findings, Conclusions, and Decision January 12, 2006 Page 2 of 5 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 5:05 p.m. on January 12, 2006 in Conference Room A, 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 public 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: Pete Wray, Senior Planner Sheri Wamhoff, Development Review Engineering Manager Doug Moore, Environmental Planner From the Applicant: Matt Blakely, Applicant George Hart Jeff Strauss Don Taranto Spencer Smith Darlene Schisher Darren Sandhoff From the Public: Norma Glad, 802 Waterglen Dr. L-49 Ken Crumb Barry L. Ploog, 2524 E. Vine Drive Len Jones. 2616 E. Vine Drive CommuiLity Planning and Environmental ,ervices Current Planning City of Fort Collins CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: January 12, 2006 PROJECT NAME: CASE NUMBER: APPLICANT: OWNER: HEARING OFFICER: PROJECT DESCRIPTION: East Ridge Project Development Plan #33-98D Jim Sell Design, Inc. c/o Matt Blakely 153 W. Mountain Ave. Fort Collins, CO 80524 East Ridge of Fort Collins, LLC 4190 North Garland Ave. Loveland, CO 80524 Cameron Gloss Current Planning Director The Applicant has submitted a Project Development Plan (referred to herein as the "Project" or the "PDP") proposing 394 detached and attached residential units on approximately 109 acres. The PDP is the first of multiple phases approved under the East Ridge ODP that also includes a future neighborhood center and park (not part of this application). The property is located on the southeast corner of East Vine Drive and North Timberline Road. SUMMARY OF HEARING OFFICER DECISION: Conditional Approval ZONING DISTRICT: LMN — Low Density Mixed Use Neighborhood. STAFF RECOMMENDATION: Conditional Approval 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020