HomeMy WebLinkAboutTIMBERVINE - MAJOR AMENDMENT & REPLAT - MJA150001 - DECISION - FINDINGS, CONCLUSIONS & DECISION1
CITY OF FORT COLLINS
TYPE 1 ADMINISTRATIVE HEARING
FINDINGS AND DECISION
HEARING DATE: June 18, 2015
PROJECT NAME: Timbervine Major Amendment and Replat
CASE NUMBER: MJA #150001
APPLICANT: Russell + Mills Studios
Craig Russell, RLA Planner
141 South College Avenue
Fort Collins, CO 80525
OWNER: Hartford Companies
1218 West Ash Street, Suite A
Windsor, CO 80550
HEARING OFFICER: Marcus A. McAskin
PROJECT DESCRIPTION: This is a request to amend the existing Timbervine Project
Development Plan (PDP). The original PDP was approving by the Hearing Officer on July 18,
2014. The Timbervine project is zoned L-M-N (Low Density Mixed-Use Neighborhood) and is
located east of the Dry Creek Subdivision, south of E. Vine Drive, north of International Boulevard,
and west of N. Timberline Road. As proposed, the Major Amendment (MJA) includes a replat of
39.19 acres of the existing Timbervine Subdivision, with the following modifications:
Revised lot line layouts to Blocks 2, 3, and 5, with no net increase in lots.
Revised lot line layouts to Lots 1-28, Block 8, which add six (6) single family attached
(townhome) units.
The replatted site will contain a total of 173 dwelling units, comprised of 145 single family detached
homes and 28 single family attached dwellings (townhomes).
BACKGROUND AND LAND USE HISTORY:
The property was annexed in 1998 as part of the RDC annexation and zoned Low Density
Mixed-use Neighborhood (L-M-N).
The East Mulberry Corridor Plan (EMCP) adopted in 2003 established the land use
framework for this area. The proposed MJA is consistent with the EMCP, which
recommends the L-M-N designation.
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The surrounding zoning and land uses are as follows:
Direction Zone District Existing Land Uses
North Larimer County Industrial (I) BNSF Railroad switching yard
South Larimer County Industrial (I) Vacant land
East Larimer County Industrial (I) Residential (mobile home park)
West Medium Density Mixed-Use
Neighborhood (M-M-N)
Dry Creek subdivision
SUMMARY OF DECISION: Approved, with conditions.
ZONE DISTRICT: L-M-N, Low Density Mixed-Use Neighborhood
HEARING: The Hearing Officer opened the hearing at approximately 5:30 p.m. on Thursday, June
18, 2015, in Conference Rooms A-D, 281 North College Avenue, Fort Collins, Colorado.
EVIDENCE: Prior to or at the hearing, the Hearing Officer accepted the following documents as
part of the record of this proceeding:
(1) Planning Department Staff Report for Major Amendment for Timbervine Project
Development Plan, MJA #150001;
(2) Timbervine – Location Map (zoning and vicinity map);
(3) Proposed Lot Adjustments (2 sheets);
(4) Neighborhood Meeting Notes dated May 28, 2014 (8 pages);
(5) Proposed final plat (Timbervine – Second Filing) (4 sheets);
(6) Utility Plans for Timbervine Second Filing (65 sheets);
(7) Overall Site Plan (4 sheets);
(8) Lighting Plan (1 sheet);
(9) Landscape Schedule and Notes (6 sheets);
(10) Transportation Impact Study dated January 2014 and prepared by Delich
Associates (Project #1383) (37 pages);
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(11) Notice of Public Hearing Letter dated June 3, 2015;
(12) Affidavit of Publication of the Fort Collins Coloradoan dated June 8, 2015
evidencing publication of the Notice of Hearing on June 6, 2015; and
(13) the PowerPoint presentation prepared by City staff for the June 18, 2015 hearing.
In addition, the City’s Comprehensive Plan, Code, and the formally promulgated polices of the City
are all considered part of the record considered by the Hearing Officer.
A copy of the Planning Department Staff Report prepared for the above-referenced Application is
attached to this decision as ATTACHMENT A and is incorporated herein by reference.
TESTIMONY: The following persons testified at the hearing:
From the City: Pete Wray, AICP, City Planner
Martina Wilkinson, PE, City Traffic Engineer
From the Owner: Landon Hoover, Timbervine Holdings LLC
Craig Russell, RLA Planner, Russell + Mills Studios
From the Public: Felipe Vigil, 2002 Winamac Drive, Fort Collins, CO
Michael Tellez, 514 Muskegon Court, Fort Collins, CO
FINDINGS
1. Evidence presented to the Hearing Officer established the fact that notice of the public
hearing was properly posted, mailed and published.
2. Based on testimony provided at the public hearing and a review of the materials in the record
of this case, the Hearing Officer concludes as follows:
A. the Application complies with the applicable procedural and administrative
requirements of Article 2 of the Land Use Code; and
B. the Application complies with the applicable General Development Standards
contained in Article 3 of the Land Use Code, including specifically the following:
1. Section 3.2.3(C) and (F) – Solar Orientation – Alternate Compliance. The
applicable standard requires that at least 65% of lots less than 15,000 square feet in
area in single- and two-family residential developments conform to the definition of
a “solar oriented lot” in order to preserve the potential for solar energy usage. The
Timbervine MJA provides 58% (100 lots) in compliance with this standard, thus
falling short of the 65% requirement. Based on the evidence in the record, the
Hearing Officer finds that the alternative site layout accomplishes the purposes of
Section 3.2.3 equally well or better than a plan which complies with the 65%
requirement. Specifically, the Hearing Officer concludes that the alternative site
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layout will enhance neighborhood continuity and will foster non-vehicular access to
the subject property; and
C. the Application complies with the applicable standards of the Low Density Mixed
Use Neighborhood (L-M-N) District standards contained in Article 4 of the Land
Use Code, including Section 4.5(B)(2)(a)(1) and (a)(3) which permits single family
detached and single family attached dwellings, subject to administrative (Type 1)
review.
3. The Application’s satisfaction of the applicable Article 2, 3 and 4 requirements of the Land
Use Code is sufficiently detailed in the Staff Report, a copy of which is attached as
ATTACHMENT A and is incorporated herein by reference.
DECISION
Based on the findings set forth above, the Hearing Officer hereby approves the Timbervine Major
Amendment and Replat (MJA #150001) for the subject property, as submitted, subject to the
following conditions.
A. The Applicant shall submit a final plan within three (3) years following the date of
this decision. If Applicant fails to submit a final plan to the City within said three (3)
year period, the approval of the MJA set forth in this decision shall automatically
expire in accordance with Section 2.2.11(C) of the Code.
B. Pursuant to Sections 2.1.3(C) and 2.2.11(C) of the Code, approval of the Timbervine
PDP, as amended, does not establish any vested property rights.
C. The Applicant/Owner shall secure the fee interest (or permanent right-of-way
easement interest) in that portion of Mexico Way extending from the southern
boundary of the Subject Property south to the future intersection with International
Boulevard prior to the submission of the final plan and/or final plat to the City for
review. Written documentation evidencing satisfaction of this condition shall be
provided to the City.
D. The Owner shall undertake improvements at the intersection of International
Boulevard and Mexico Way necessary to ensure the safe movement of traffic at this
intersection, including but not limited to improvements designed to ensure adequate
sight triangles, if and to the extent required by the City Traffic Engineer. The
Applicant/Owner shall incorporate all recommendations of the City Traffic Engineer
into the final plan.
DATED this 29th day of June, 2015.
___________________________________
Marcus A. McAskin
Hearing Officer
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ATTACHMENT A
Staff Report (attached)
ITEM NO: 1
MEETING DATE: June 18, 2015
STAFF: Pete Wray
ADMINISTRATIVE HEARING OFFICER
Planning Services 281 N College Ave – PO Box 580 – Fort Collins, CO 80522-0580
fcgov.com/developmentreview/ 970.221.6750
STAFF REPORT
PROJECT: Timbervine Major Amendment and Replat, # MJA150001
APPLICANT: Russell + Mills Studios
Craig Russell, RLA Planner
141 S. College Ave
Fort Collins, CO 80525
OWNER: Hartford Companies
1218 W. Ash St., Suite A
Windsor, CO 80550
PROJECT DESCRIPTION:
This is a request to amend the original Timbervine Project Development Plan, which
was approved by the Hearing Officer on July 18, 2014. The project is located directly
east of the Dry Creek Subdivision, south of E. Vine Drive, north of International
Boulevard, and west of N. Timberline Road. As proposed, the current project consists of
a Major Amendment and replat of 39.19 acres of the existing Timbervine Subdivision.
The replatted site will contain a total of 173 dwelling units, comprised of 145 single
family detached homes and 28 single family attached (townhomes). The changes to the
existing Timbervine Subdivision include: revised lot line layouts to Blocks 2, 3, and 5,
with no net increase in lots; and revisions to lots 1-28, Block 8, which add 6 single family
attached (townhome) units. The project is located in the L-M-N, Low Density Mixed-Use
Neighborhood zone district.
RECOMMENDATION: Approval
Timbervine Major Amendment and Replat, MJA #150001
Administrative Hearing 06-18-2015
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Location Map
EXECUTIVE SUMMARY:
The Major Amendment consists only of:
1) adjustments to lot lines; and
2) six additional single family attached units.
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The Major Amendment does not change the compliance of the approved Timbervine
plan with the Land Use Code.
Staff finds that the request complies with the applicable General Development
Standards in Article Three, and applicable L-M-N standards in Article Four of the Land
Use Code (LUC).
STAFF COMMENTS:
1. Background:
The property was annexed in 1998 as part of the RDC annexation and zoned Low
Density Mixed-use Neighborhood (L-M-N). The surrounding zoning and land uses are
as follows:
Direction Zone District Existing Land Uses
North Larimer County Industrial (I)
BBNSF Railroad switching yard
South Larimer County Industrial (I)
Vacant land
East Larimer County Industrial (I)
Residential (mobile home park)
West Low Density Mixed-Use
Neighborhood (L-M-N)
Dry Creek subdivision
The East Mulberry Corridor Plan (EMCP), adopted in 2003 established the land use
framework for this area. The proposed MJA is consistent with the EMCP, which
recommends the L-M-N designation.
2. Compliance with Applicable L-M-N District Standards [Division 4.5]:
A. Purpose:
The purpose of the L-M-N District is as follows:
The Low Density Mixed-Use Neighborhood District is intended to be a
setting for a predominance of low density housing combined with
complementary and supporting land uses that serve a neighborhood and
are developed and operated in harmony with the residential
characteristics of a neighborhood. The main purpose of the District is to
meet a wide range of needs of everyday living in neighborhoods that
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Administrative Hearing 06-18-2015
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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 the pattern of streets, blocks, and other linkages.
The proposed project remains consistent with the stated purpose of the
zone district. The Timbervine plan integrates with the existing L-M-N Dry
Creek neighborhood to the west and fills in a designated swath of
residential use that includes the Collins Aire mobile home park adjacent to
the east.
B. Section 4.5(B)(2) – Permitted Uses
The MJA includes two land uses – single family detached and single
family attached. Both are permitted in the L-M-N zone subject to
Administrative (Type One) Review.
C. Section 4.5(D)(1) – Density
The MJA features 167 dwelling units on 39.19 acres for a gross density of
4.41 dwelling units per gross acre. There are several parcels that are
deducted from the gross acreage in accordance with Section 3.8.18
(Residential Density Calculation). This includes landscape bufferyards
and stormwater detention ponds resulting in a net acreage of 30.37 acres
and a net density of 5.7 dwelling units per acre.
The gross density is well under the maximum allowed (9 d.u./acre) and the
net density exceeds the required minimum of 4 d.u./acre, thus complying
with the standard.
D. Section 4.5(D)(2) – Mix of Housing
The Major Amendment results in the following mix of three housing types:
Housing Type: # of Dwelling Units Percent of Total
Single Family Detached (Front Loaded Garage) 121 70.0%
Single Family Detached (Alley) 24 14%
Single Family – Attached 28 16%
Total: 173 100%
The standard calls for three housing types on projects containing 20 acres or more and
four housing types on projects containing 30 acres of more of developable land. The
net developable land area is 30.37 acres. Because of the negligible increase over 30
acres, a fourth housing type was not required in the original Timbervine approval.
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The standard also requires that a single housing type not constitute more than 80% or
less than 5% of the total number of dwelling units. As shown above, the MJA complies
with these parameters.
E. Section 4.5(D)(6) – Small Neighborhood Parks
This standard requires that either a public neighborhood park or a private park, at least
one acre in size, be located within one-third of a mile (1,760 feet), as measured along
street frontage, of 90% of the dwellings, for development projects ten acres or larger.
The MJA does not change the Timbervine plan’s compliance with the standard. The
proposed project includes an approximate one-acre private neighborhood park. This
park will connect to a 1.5 mile perimeter trail system and open space, and link to a
future regional trail off site.
All of the dwellings are within one-third of a mile of the future neighborhood park.
F. Section 4.5(E)(1)(a) – Streets and Blocks – Street System Block Size
This standard requires that the local street system provide an interconnected network of
streets such that blocks do not exceed 12 acres.
The MJA features a network of streets, that result in no block exceeding 12 acres.
G. Section 4.5(E)(1)(b) – Streets and Blocks – Mid-Block Pedestrian
Connections
This standard requires that if any block face is over 700 feet long, then walkways
connecting to other streets must be provided at approximately mid-block or at intervals
of at least every 650 feet, whichever is less.
The MJA does not change the Timbervine plan’s compliance with the standard. For
each block face that is longer than 700 feet long, a mid-block bicycle and pedestrian
connection is provided at intervals that do not exceed 650 feet.
3. Compliance with Applicable Article Three General Development
Standards:
A. Section 3.2.1 – Landscaping
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The MJA does not change the Timbervine plan’s compliance with the standard. All
public streets will be landscaped with street trees, including the external streets,
consistent with the Larimer County Urban Area Street Standards. The MJA provides
canopy street trees at 30-40 foot spacing along all street parkway landscaping areas
and separated from street light locations.
The plan provides landscape area treatments for all open areas, buffers, detention
areas and park locations with turf grass, planting beds and trees.
B. Section 3.2.2 – Access, Circulation and Parking
The MJA does not change the Timbervine plan’s compliance with the standard. The
plan provides for an off-street pedestrian and bicycle circulation system primarily by
constructing a site perimeter loop trail and series of internal paths and mid-block
connections. A trail stub-out is provided to connect to the City’s future regional trail
along the Lake Canal. A path connects to the existing Dry Creek subdivision to the west
and an off-site sidewalk is provided along the parkway of Mexico Way connecting to
International Boulevard to the south.
C. Sections 3.2.3(C) and (F) – Solar Orientation
The MJA does not change the Timbervine plan’s compliance with the standard. This
standard requires that at least 65% of the lots (112) be oriented to within 30 degrees of
an east-west line. The Timbervine MJA provides 58% (100 lots) at this orientation thus
short by 12 lots.
This standard allows for alternative compliance. The Timbervine MJA reflects an
irregular, triangular shaped parcel. This orientation governs the number of east-west
streets which would normally allow for full compliance with the standard. The site
constraints include limited street access from existing development dictating street
alignment, and sharing a boundary with the existing Lake Canal along the eastern edge
and associated buffer area.
In compliance with provision of Section 3.2.3(F), Timbervine MJA is designed in an
alternative manner and meets the applicable review criteria:
The subdivision enhances neighborhood continuity and connectivity by linking
to a future City’s Parks and Recreation Department regional trail. All
connecting walkways linking to this regional trail are to be dedicated as public
access easements.
The subdivision fosters non-vehicular access and preserves existing natural
conditions by the aforementioned walkways and continues to respect the
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established topography by preservation of the Lake Canal buffer and 1 acre
park.
D. Section 3.3.1(B)(C) – Plat Standards – Lots and Public Dedications
The MJA does not change the Timbervine plan’s compliance with the standard. All lots
gain access to a public street. The general layout of lots, roads, driveways, utilities,
drainage facilities and other services are designed in a way that enhances an
interconnected street system within and between future neighborhoods and preserves
natural features. Dedications are platted for drainage and utility easements as well as
public access easements for the off-street walkways.
E. Section 3.4.1 – Natural Habitats and Features
The MJA does not change the Timbervine plan’s compliance with the standard. To
meet the standards associated with Section 3.4.1, the project has proposed to apply the
quantitative (50’ buffer) and qualitative standards contained in Section 3.4.1(E) of the
Land Use Code. The proposed buffer is 50’ in width, meeting the quantitative standard.
The project meets the qualitative performance standards in Section 3.4.1 by
incorporating the following elements into the design:
1. No fencing is proposed between the ditch and the development, which will
allow for wildlife movement across the site (Section 3.4.1(E)(1)(b)).
2. The project enhances the vegetation by providing additional trees, shrubs,
and native grasses to enhance the value of the ditch as a wildlife corridor. A
mix of deciduous and evergreen species will provide cover for wildlife in all
seasons (Section 3.4.1(E)(1)(g)).
F. Section 3.5.1 – Project Compatibility
The MJA does not change the Timbervine plan’s compliance with the standard.
Timbervine MJA zoned L-M-N, will adjoin the existing Dry Creek L-M-N subdivision to
the west. The proposed Timbervine MJA will provide direct street and pedestrian
connections to Dry Creek and reflect a similar residential character. To the east is the
existing Collins Aire Mobile Home Park, and to the south is a vacant and developing
industrial park. A landscape detention area and landscape buffer is provided along the
south edge of the project to screen between the two uses in anticipation of pending
development.
G. Section 3.5.2(C) – Housing Model Variety
For developments of 100 or more single family dwelling units, four different types of
housing models are required. The housing models have not yet been selected at the
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plan stage. The standard acknowledges that enforcement occurs at the building permit
review stage, in accordance with Section 3.8.15.
H. Section 3.5.2(F)(1) – Street Facing Garage Doors
This standard requires that street-facing garage doors must be recessed behind either
the front façade of the ground floor living area portion of the dwelling or a covered porch
that measures at least 6’ x 8’ by at least four (4) feet. For individual lots, compliance will
be evaluated at the time of building permit application.
I. Section 3.6.4 – Transportation Level of Service (LOS) Requirements
A Transportation Impact Study (T.I.S.) was prepared based on the original Timbervine
P.D.P., containing 167 single family dwellings. The proposed plan includes an increase
of six attached dwelling units, which does not warrant a new traffic study.
In general, Timbervine P.D.P. is served by a network of public streets which provide an
adequate level of both internal and external connectivity, given the existing constraints
within the area for potential street connections.
4. Neighborhood Meeting:
A neighborhood meeting was not required since this project is a Type I review.
However, because this proposed development is adjacent to and connects directly to
the existing Dry Creek neighborhood, staff determined a neighborhood meeting would
be beneficial to inform and coordinate this project with existing neighbors.
A voluntary neighborhood meeting was held on May 28, 2014 as part of the original
P.D.P. In general, there were a majority of questions and concerns about traffic related
impacts and about how this proposed development will be compatible with existing
surrounding neighborhoods. A summary of the meeting is attached.
Key issues heard at meeting:
(1.) Traffic: Impacts from proposed project on International Boulevard and
Timberline Road. Timing of future traffic signal at this intersection and other
traffic control measures.
(2.) Information on proposed project: Questions on design, pedestrian
connections to Dry Creek, Park access, extent of landscaping, and timing of
development.
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5. Findings of Fact:
In evaluating the request for the Timbervine MJA, staff makes the following findings
of fact:
A. The MJA complies with the applicable procedural and administrative
requirements of Article 2 of the Land Use Code.
B. The MJA complies with the land use and the applicable development
standards of the L-M-N zone district as found in Article 4 of the Land Use
Code.
C. The MJA complies with the applicable General Development Standards of
Article 3 of the Land Use Code.
RECOMMENDATION:
Staff recommends approval of Timbervine MJA, #MJA150001
ATTACHMENTS:
1. Zoning Map
2. Site Plans
3. Plat Plans
4. Landscape Plans
5. Building Elevations
6. Utility Plans
7. Traffic Study
8. Neighborhood Meeting Summary