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HomeMy WebLinkAboutLIND PROPERTY, 2ND FILING - PDP - 39-94D - DECISION - FINDINGS, CONCLUSIONS & DECISIONS r Lind Phase II PDP Administrative Hearing Findings, Conclusions, and Decision July 13, 2004 Page 5 of 5 Urban Development Contiguity Requirements The Staff Report outlines the Project's compliance with Section 3.7.2 of the LUC concerning contiguity to existing urban development and there was no evidence introduced at the hearing to contradict the Staff Report. Adequate Public Facilities Section 3.7.3 of the LUC is intended to ensure that public facilities and services needed to support the development are available concurrently with the impacts of such development. As noted above, based on the evidence presented at the hearing by the City Engineer, the Project complies with Section 3.7.3 of the LUC. SUMMARY OF CONCLUSIONS A. The Lind Phase II Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). B. The Lind Phase II 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. C. The Lind Phase II Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code. DECISION The Lind Phase II Project Development Plan #93-94D, is hereby approved by the Hearing Officer subject to the following condition: The Applicant shall enter into an agreement with the underlying mineral rights owners concerning the location and access of future extraction activities within the development plan. Such agreement shall be completed prior to approval of the Final Plan. Dated this 16th day of July 2004, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Cameron Gloms Current Plan ng Director Lind Phase II PDP Administrative Hearing Findings, Conclusions, and Decision July 13, 2004 Page 4 of 5 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 as explained below. Landscaping and Tree Protection. The staff report outlines the Project's compliance with Section 3.2.1 concerning landscaping and tree protection and there was no evidence introduced at the hearing to contradict the Staff Report. Parking and Access. The staff report outlines the Project's compliance with Section 3.2.2 concerning access, circulation and parking. The Project provides residential off-street parking spaces exceeding the number required under the LUC. Site Lighting The Hearing Officer finds that the Project is in conformance with the site lighting standards specified in Section 3.2.4. The Project does not propose exterior lighting, with the exception of porch lights and other accessory lighting. Building and Project Compatibility Section 3.5.1 of the LUC requires that new developments be compatible with the established character of the area. Pursuant to this section, the proposed single family housing, of one- to two-story heights, is compatible with neighboring single family development. Residential Building Standards The staff report outlines the Project's conformance with Section 3.5.2 concerning the design of residential buildings. Specifically, the Project will comply with the "garage door" standards found in the LUC. Master Street Plan ' The Hearing Officer finds that the Project is in substantial compliance with the City's adopted Master Plan. Transportation Level of Service (LOS) Requirements Section 3.6 of the LUC imposes standards for all modes of transportation. Public testimony provided at the hearing by the City's Traffic Engineer indicated that the Project is in compliance with Section 3.6.4 of the LUC. This was substantiated by a letter submitted into the record which clearly stated the City's commitment to reserving capacity for traffic impacts associated with the Lind development plan in an amount sufficient to find compliance with the LOS Standards at key intersections. Lind Phase II PDP Administrative Hearing Findings, Conclusions, and Decision July 13, 2004 Page 3 of 5 FACTS AND FINDINGS 1. Site Context/Background Information The surrounding zoning and land uses are as follows: N: LMN — undeveloped S: LMN — single family residential E: LMN — undeveloped W: LMN — single family residential The property was annexed in 1984 as part of the Country Club North First Annexation. The first phase of the Lind PDP was approved in May 2003. 2. Compliance with Article 4 and the LMN — Low Density Mixed Use Neighborhood 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 and no specific evidence was presented to contradict or otherwise refute the compliance with Article 4 or the LMN District Standards. In particular, the single-family residential use is permitted within the LMN zone district subject to an administrative review. While the project provides 4.8 units/acre, which is less than the required minimum average net residential density of 5.0 units/acre, the applicant has committed to provide the requisite number of additional units when the balance of the property is developed under future phases. According to the staff report, the Project is also in conformance with Section 4.4(D)(2), standards relating to the mix of housing types, Section 4.14(D)(3) that requires at least 90% of the units to be located within % mile and including central feature or gathering place, Section 4.4 (D)(7) that requires all residential units to be within 1/3 mile of a neighborhood park, Section 4.4 (E)(1) requiring a street network with blocks that are less than 12 acres in area and no more than 700 feet in length, and Section 4.4(E)(3) calling for a maximum building height of 2'/2 stories. There was no direct testimony or evidence presented at the public hearing to contradict the Project's compliance with these standards. Lind Phase II PDP Administrative Hearing Findings, Conclusions, and Decision July 13, 2004 Page 2 of 5 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. The Hearing Officer, presiding pursuant to the Fort Collins Land Use, Code, opened the hearing at approximately 5:00 on July 13, 2004 in Conference Room A at 281 North 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: Bob Barkeen, City Planner From the Applicant: Terrance Hoaglund, Vignette Studios Yvonne Seaman, Centex Homes Jamie Hendrickson, Vignette Studios From the Public: Marybeth Sobel, Krug & Sobel, LLC Attorneys Written Comments: Letter from Eric Bracke, City Traffic Engineer to TST Consulting Engineers dated February 15, 2002 outlining the reservation of intersection capacity at the Vine and Lemay intersection. City of Fort Collins Commi y Planning and Environmental rvices Current Planning CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: PROJECT NAME: CASE NUMBER: APPLICANT: OWNER: HEARING OFFICER: PROJECT DESCRIPTION: July 13, 2004 Lind Property Phase II, Project Development Plan #93-94D Vignette Studios 144 Mason Street, Suite 2 Fort Collins, CO 80524 Centex Homes, Inc. 9250 East Costilla Avenue, Suite 200 Greenwood Village, CO 80112 Cameron Gloss Current Planning Director The Applicant has submitted a Project Development Plan (referred to herein as the "Project" or the "PDP") for Phase II of the Lind Overall Development Plan. This phase includes 129 single-family residential units and 30 attached single family residential units (townhomes) on 44 acres located at the northeast corner of North County Road (NCR) 11 and County Road (CR) 52. The PDP also includes a future neighborhood center to serve the project and the surrounding neighborhood. The project provides additional open space area and a connection to the City's proposed regional recreation trail. The PDP includes a site for a future oil well. This location was agreed upon by the applicant and the owners of the underlying mineral rights. A separate application must be filed to construct the well. SUMMARY OF HEARING OFFICER DECISION: Conditional approval ZONING DISTRICT: LMN — Low Density Mixed -Use Neighborhood District. 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020