HomeMy WebLinkAboutPROVINCETOWNE FILING 5 - PDP - PDP130010 - DECISION - MINUTES/NOTES (3)CITY OF FORT COLLINS
TYPE 1 ADMINISTRATIVE HEARING
FINDINGS AND DECISION
HEARING DATE: May 30, 2013
PROJECT NAME: Provincetowne Filing Five
CASE NUMBER: PDP #130010
APPLICANT: Michael Brake
JR Engineering
2900 S. College Ave. Suite 3D
Fort Collins, CO 80525
OWNER: Shadow Creek Homes, LLC
2535 W. 115th Drive
Westminster, CO 80234
HEARING OFFICER: Kendra L. Carberry
PROJECT DESCRIPTION: This is a request for a subdivision replat of the existing residential
lots of Provincetowne Filing Three into larger residential lots, resulting in the elimination of four
residential lots. Block 7 of Filing Three will be reduced from 6 lots to 5 lots. A portion of Block
8 of Filing Three will be reduced from 18 lots to 15 lots. The proposed replat is bounded by
Province Road to the north, Crooked Arrow Lane to the east, Snowy Plain Road to the south and
Eden Ridge Lane to the west.
SUMMARY OF DECISION: Approved
ZONE DISTRICT: Low Density Mixed-Use (LMN)
HEARING: The Hearing Officer opened the hearing at approximately 5:30 p.m. on May, 30,
2013, in Conference Room A, 281 North College Avenue, Fort Collins, Colorado.
EVIDENCE: During the hearing, the Hearing Officer accepted the following evidence: (1)
Planning Department Staff Report; (2) an email from Charles Stansfield dated May 21, 2013 in
support of the PDP; and (3) the application, plans, maps and other supporting documents
submitted by the applicant (the Land Use Code, the Comprehensive Plan and the formally
promulgated polices of the City are all considered part of the record considered by the Hearing
Officer).
TESTIMONY: The following persons testified at the hearing:
From the City: Courtney Levingston
From the Applicant: Michael Brake, Toby Terhune
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From the Public: None
FINDINGS
1. Evidence presented to the Hearing Officer established the fact that the hearing was
properly posted, legal notices mailed and notice published.
2. The PDP complies with the applicable General Development Standards contained in
Article 3 of the Code.
a. The PDP complies with Section 3.2.1, Landscaping and Tree Protection, because
two or more consecutive residential lots along a street each measure between 40' and 60' in
street frontage, and one tree per lot is being be substituted for the 30' to 40' spacing
requirement.
b. The PDP complies with Section 3.3.1(B), Lots, because the general layout of the
PDP enhances an interconnected street system and preserves natural areas.
c. The PDP complies with Section 3.3.1(C), Public Sites, Reservations and
Dedications, because the right-of-way for Eden Ridge Lane and Shadow Ridge Drive was
previously dedicated.
d. The PDP complies with Section 3.5.2(B), Housing Model Variety, because the
three housing model types demonstrate the required variety.
e. The PDP complies with Section 3.6.4, Transportation Level of Service
Requirements, because this is a replat, and the City Engineer determined that no updated
traffic study is required.
3. The PDP complies with the applicable standards contained in Article 4 of the Code for the
LMN zone district.
a. The PDP is consistent with the purpose of the LMN zone district, because it is part
of the large Provincetowne Filing Three, which provides housing choices and is within
walking distance to Pelican Marsh natural area, a neighborhood park and Cottonwood
Plains Elementary School.
b. The PDP complies with Section 4.5(B)(2)(a), Permitted Uses, because the
proposed single-family dwelling units are permitted uses in the LMN zone district.
c. The PDP complies with Section 4.5(D)(1), Density, because the minimum average
density for the LMN zone district is 4 dwelling units per acre and the maximum is 9, and
the density for Provincetowne Filing Five is 6.35 dwelling units per acre.
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DECISION
Based on the foregoing findings, the Hearing Officer hereby enters the following rulings:
1. The PDP is approved as submitted.
DATED this 13th day of June, 2013.
_____________________________________
Kendra L. Carberry
Hearing Officer