HomeMy WebLinkAboutSTORYBOOK THIRD FILING - PDP - PDP130021 - DECISION - MINUTES/NOTES1
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CITY OF FORT COLLINS
TYPE 1 ADMINISTRATIVE HEARING
FINDINGS AND DECISION
HEARING DATE: November 13, 2013
PROJECT NAME: Storybook Third Filing PDP
CASE NUMBER: #PDP130021
APPLICANT: Loveland Midtown Development, Inc.
c/o Michael McBride
BHA Design
1603 Oakridge Drive
Fort Collins, CO 80525
OWNER: Loveland Midtown Development, Inc.
1043 Eagle Drive
Loveland, CO 80537
HEARING OFFICER: Kendra L. Carberry
PROJECT DESCRIPTION: This is a request to subdivide 13.92 acres into 76 lots for single
family detached homes. The site is located at the northeast corner of Mountain Vista Drive and
Little John Lane. This PDP is a continuation of Storybook First Filing located on the west side of
Little John Lane. The Second Filing, which was approved in 2005, expired under Section
2.2.11(D) of the Land Use Code. This PDP includes a request for two Modifications of Standard
under Section 3.6.3 of the Land Use Code, Street Pattern and Connectivity, both of which were
originally approved with the Second Filing, but expired when the Second Filing expired.
SUMMARY OF DECISION: Approved
ZONE DISTRICT: Low Density Mixed Use Neighborhood (L-M-N)
HEARING: The Hearing Officer opened the hearing at approximately 5:30 p.m. on November
13, 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; and (2) 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: Ted Shepard
From the Applicant: Michael McBride, Nick Galuzzo, Jerry Robinson
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From the Public: Lloyd Spawn, Lynette Seymour, Jeff Snowden, Ed Holder
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 all applicable General Development Standards contained in
Article 3 of the Land Use Code.
a. The PDP complies with Section 3.2.1, Landscaping because street trees are
provided at approximately 40-foot intervals on both sides of all five new public streets, on
the east side of existing Little John Lane and the north side of existing Mountain Vista
Drive.
b. The PDP complies with Section 3.2.2(8), Access, Circulation and Parking,
because: the Third Filing is well-connected to the First Filing by the extension of four
east-west public streets; the private park is centrally located and accessible by three streets;
a 6' wide concrete walkway connects the southeast corner of the project to Mountain Vista
Drive; Chesapeake Drive would be dedicated as a local street to the east property line for a
future connection to a north-south street that is designated on the Master Street Plan as a
collector street, and will likely be constructed in conjunction with development of the 100-
acre Poudre School District campus; and connections to the north, for all modes, have been
discouraged by the Poudre School District.
c. The PDP complies with Section 3.2.2(6), Direct On-site Access to Pedestrian and
Bicycle Destinations, because the logical destination is the private park located in the
Third Filing, which is accessible by three public streets and public sidewalks.
d. The PDP complies with Section 3.2.2(C)(7), Off-site Access to Pedestrian and
Bicycle Destinations, because four local streets will connect the project to the First Filing
and Chesapeake Drive is stubbed to the east property line for future connection to Bar
Harbor Drive and the 6'-wide walkway to Mountain Vista Drive will allow bicyclists to
access community-wide public street system and allow pedestrians to loop around the
development.
e. The PDP complies with Section 3.2.3, Solar Orientation, because the east-west
streets are conducive to orienting lots to within 30 degrees of an east-west line allowing
80% of the lots to be designated as solar-oriented.
f. The PDP complies with Section 3.3.1, Plat Standards, because: all lots have direct
access to a public street; the layout of roads, driveways, utilities, drainage facilities and
other services is designed to enhance an interconnected street system within and between
neighborhoods; and the PDP dedicates public rights-of-way, drainage easements and
utility easements that are needed to serve the area being developed.
g. The PDP complies with Section 3.5.1(H), Land Use Transition, because along the
east property line, there are two significant future developments, including the 100-acre
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school campus; the PDP provides for a landscaped buffer yard located within the publicly
dedicated, 20'-wide, off-site drainage easement along the rear yards of all the lots that back
onto the east property line, consisting of evergreen trees, planted at regular intervals,
designed to act as a visual and acoustical screen at maturity.
h. The PDP complies with Section 3.5.2(E), Residential Building Setbacks, Lot Width
and Size, because all lots will accommodate the proposed house models and comply with
applicable setbacks; there would be two distinct lot widths (48 lots are 45' wide and 28 lots
are 55' wide, with slight variations at street intersections and at street curvatures); the
placement of driveways, utilities and street trees have proper separation as determined by
the utility providers and the City Forester; and utility services and trees are capable of
being adequately maintained over the passage of time.
i. The PDP complies with Section 3.5.2(F)(1), Garage Doors, because for the lots that
are generally 45' in width (interior and corner), the garages are recessed by four feet from a
front porch that exceeds 6' x 8', and for the lots that are generally 55' in width (interior and
corner), the garages are recessed by four feet from the ground floor living area of the
house.
j. The PDP complies with Section 3.6.4, Transportation Level of Service
Requirements, because a Transportation Impact Study dated June 26, 2013 concludes that
with full development of the Third Filing, the future level of service at key intersections
will be acceptable, and the Third Filing is not constrained by the Adequate Public
Facilities limitation at the East Vine Drive/North Lemay Avenue intersection.
3. The PDP complies with all applicable development standards contained in Article 4 of the
Land Use Code for the L-M-N zone district.
a. The PDP complies with Section 4.5(8)(2), Permitted Uses, because single family
detached dwellings are a permitted use in the L-M-N zone district, subject to
Administrative Review.
b. The PDP complies with Section 4.5(0)(1), Density, because the PDP provides 76
dwelling units on 13.9 acres for a density of 5.68 dwelling units per gross acre.
c. The PDP complies with Section 4.5(D)(6)(a-e), Small Neighborhood Park,
because: there is an existing, private neighborhood park that has been partially developed
as part of the First Filing, which is slightly larger than one acre, and all lots in the Third
Filing are within one-third of mile of this park; a letter of intent has been provided by the
First Filing Homeowner's Association stating that formal permission will be forthcoming
to allow the developer of the Third Filing to complete the improvements to this park; the
improved park will be highly visible and formed by three public streets so that rear yards
only form one side of the park; the improved park will be safely and easily accessible by
pedestrians and open to the public; the improved park will feature a multiple-use turf area,
walking path and pavilion; and the improved park will be owned and maintained by the
relevant property owners' association.
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4. The first Modification of Standard (Section 3.6.3(D)) meets the applicable requirements of
Section 2.8.2(H) of the Land Use Code.
a. The Modification would not be contrary to the public good.
b. By reason of exceptional physical conditions or other extraordinary and
exceptional situations unique to this property, including without limitation physical
conditions such as exceptional narrowness, shallowness or topography, the strict
application of Section 3.6.3(D) would result in unusual and exceptional practical
difficulties, or exceptional or undue hardship upon the property owner, and such
difficulties or hardship were not caused by the act or omission of the applicant. Here, the
topography associated with the existing stormwater detention pond precludes the extension
of a local street to the south. To the north, the Poudre School District has discouraged the
extension of a street into its campus. With Little John Lane only 500' to the west and
capable of providing safe north-south travel, a western street extension is not necessary.
Also, with a future collector roadway (Bar Harbor Drive) planned 180' to the east, also
capable of providing north-south travel, extending Deep Woods Lane to Mountain Vista
Drive would be duplicative. To the east, a fully constructed street stub with no outlet
would result in unused pavement that would fall into disrepair and attract unwanted
nuisances.
5. The second Modification of Standard (Section 3.6.3(F)) meets the applicable requirements
of Section 2.8.2(H) of the Land Use Code.
a. The Modification would not be contrary to the public good.
b. By reason of exceptional physical conditions or other extraordinary and
exceptional situations unique to this property, including without limitation physical
conditions such as exceptional narrowness, shallowness or topography, the strict
application of Section 3.6.3(F) would result in unusual and exceptional practical
difficulties, or exceptional or undue hardship upon the property owner, and such
difficulties or hardship were not caused by the act or omission of the applicant. Here, the
topography associated with the existing stormwater detention pond precludes the extension
of a local street to the south. To the north, the Poudre School District has discouraged the
extension of a street into its campus. With Little John Lane only 500' to the west and
capable of providing safe north-south travel, a western street extension is not necessary.
Also, with a future collector roadway (Bar Harbor Drive) planned 180' to the east, also
capable of providing north-south travel, extending Deep Woods Lane to Mountain Vista
Drive would be duplicative. To the east, a fully constructed street stub with no outlet
would result in unused pavement that would fall into disrepair and attract unwanted
nuisances.
DECISION
Based on the foregoing findings, the Hearing Officer hereby enters the following rulings:
1. The PDP and the two Modifications of Standard are approved as submitted, with the
following condition:
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a. At the time of the Final Plan submittal, the Landscape Plan shall indicate a
sufficient amount and variety of evergreen trees and a management plan for irrigation and
protection from wildlife, so that at maturity, there will be an effective visual and acoustical
screen between Lots 63 and 76 and the future collector roadway and the public school
campus.
DATED this 25
th
day of November, 2013.
_____________________________________
Kendra L. Carberry
Hearing Officer