HomeMy WebLinkAboutMAJESTIC ESTATES - PDP - PDP160016 - DECISION - FINDINGS, CONCLUSIONS & DECISION1
CITY OF FORT COLLINS
TYPE 1 ADMINISTRATIVE HEARING
FINDINGS AND DECISION
HEARING DATE: August 31, 2016
PROJECT NAME: Majestic Estates, Project Development Plan
CASE NUMBER: PDP #160016
APPLICANT: Ken Merritt, JR Engineering, LLC
2900 South College Avenue, Suite 3D
Fort Collins, CO 80525
OWNER: Suburban Land Reserve Inc.
79 South Main Street, Suite 500
Salt Lake City, UT 84111
HEARING OFFICER: Marcus A. McAskin
PROJECT DESCRIPTION: The Project Development Plan (PDP) that is the subject of this
application proposes eight (8) single family lots ranging in size from 22,709 square feet to 30,202
square feet located on approximately 19.932 acres located in the NW ¼ of the NW ¼ of Section 17,
Township 6 North, Range 68 West of the 6
th
P.M., City of Fort Collins, Larimer County, and as
more particularly described in the preliminary plat (the “Subject Property”).
The application proposes to replat the Subject Property into eight (8) lots (LOTS 1 THROUGH 8)
and two tracts (TRACTS A and B), Majestic Estates Subdivision.
The eight (8) single family lots comprise, in total, approximately 4.98 acres or roughly 25% of the
Subject Property. TRACTS A and B together comprise the remaining 75% of the Subject Property,
consisting of approximately 14.95 acres. A final plat will be required at the time of Final Plan
submittal.
The Subject Property was recently annexed to the City of Fort Collins and initial zoning established
(see additional discussion under “BACKGROUND” below).
The project proposes to cluster
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the single-family residential lots along existing Majestic Drive.
TRACTS A and B will be maintained as open space with a six-foot (6’) wide concrete pedestrian
path meandering through the open space as shown in the PDP.
1 The Hearing Officer finds that all eight (8) residential lots exceed the one-half acre (21,780 sf) minimum lot size
set forth in Section 4.2(D)(1)(b) of the Land Use Code and that the site design standards for residential cluster
development set forth in Section 4.2(E)(2) of the Code are therefore inapplicable to the application.
2
Pursuant to Land Use Code Section 4.2(B)(2)(a), the proposed single-family detached residential
use is permitted in the U-E zone district, subject to a Type One administrative review.
BACKGROUND: By adoption of Ordinance No. 90, 2016 on second reading on August 16, 2016
(the “Annexation Ordinance”), City Council annexed the Subject Property into the City of Fort
Collins. By adoption of Ordinance No. 91, 2016 on second reading on that same evening, City
Council established the initial City zoning of the Subject Property as Urban Estate (U-E).
In accordance with the applicable requirements of C.R.S. § 31-12-113(2)(a), the City has caused a
copy of the Annexation Ordinance and Majestic Place Annexation Map to be filed with the Larimer
County Clerk and Recorder for recording. The Annexation Ordinance was recorded in the real
property records of the County on August 26, 2016 at Reception No. 20160056965 and the
Annexation Map was recorded in the real property records of the County on that same date at
Reception No. 20160056966.
The surrounding zoning and land uses are as follows:
Direction Zone District Existing Land Uses
North Urban Estate (U-E) and Low
Density Mixed-Use
Neighborhood (L-M-N)
Westchase Neighborhood – single-family
residential
South Unincorporated Larimer
County - Farming (FA-1)
Single-family residential
East Unincorporated Larimer
County - Farming (FA-1)
Single-family residential
West Urban Estate (U-E) LDS Temple
SUMMARY OF DECISION: Approved.
ZONE DISTRICT: (U-E) Urban Estate
HEARING: The Hearing Officer opened the hearing on Wednesday, August 31, 2016, in
Conference Rooms A-D, 281 North College Avenue, Fort Collins, Colorado, at approximately 5:30
PM.
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EVIDENCE: Prior to or at the hearing, the Hearing Officer accepted the following documents as
part of the record of this proceeding:
1. Majestic Estates Vicinity Map.
2. Planning Department Staff Report prepared for Majestic Estates (PDP #160016). A
copy of the Staff Report is attached to this decision as ATTACHMENT A and is
incorporated herein by reference.
3. Majestic Estates Site Plan.
4. Majestic Estates Landscape Plan.
5. Majestic Estates Preliminary Subdivision Plat.
6. Planning Narrative dated May 19, 2016 (3 pages).
7. Affidavit of Publication dated August 23, 2016, evidencing proof of publication of
Notice of Hearing in the Fort Collins Coloradan on August 22, 2016.
8. Notice of Public Hearing dated August 17, 2016.
9. Agreement Regarding Rock Castle Lane (dated January 10, 2012, recorded on
January 18, 2012 at Reception No. 20120003750).
10. Filing Receipt (evidencing recording of Annexation Ordinance and Annexation
Map) dated August 26, 2016 (1 page).
11. PowerPoint presentation prepared by the Applicant for the August 31st public
hearing (4 slides).
12. PowerPoint presentation prepared by Staff for the August 31st public hearing
(6 slides).
13. 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.
TESTIMONY: The following persons testified at the hearing:
From the City: Seth Lorson, City Planner
From the Applicant: Ken Merritt, JR Engineering, LLC
2900 South College Avenue, Suite 3D
Fort Collins, CO 80525
From the Owner: Mark Tingey
Suburban Land Reserve Inc.
79 South Main Street, Suite 500
Salt Lake City, UT 84111
From the Public: Garth Rummery, 6509 Westchase Court, Fort Collins
(signed in but did not provide testimony at the hearing)
The hearing on this matter was closed at approximately 6:03 p.m.
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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;
B. the Application complies with the applicable General Development Standards
contained in Article 3 of the Land Use Code; and
C. the Application complies with relevant standards contained in Division 4.2, Urban
Estate District (U-E) of Article 4 of the Land Use Code.
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 Majestic Estates
Project Development Plan (PDP #160016) for the Subject Property as submitted.
DATED this 2nd day of September, 2016.
___________________________________
Marcus A. McAskin
Hearing Officer
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ATTACHMENT A
Staff Report
Majestic Estates Project Development Plan
(PDP# 160016)
ITEM NO __1_______________
MEETING DATE __August 31, 2016__
STAFF __Lorson__________
ADMINISTRATIVE HEARING
Planning Services 281 N College Ave – PO Box 580 – Fort Collins, CO 80522-0580
fcgov.com/developmentreview/ 970.221.6750
STAFF REPORT
PROJECT: Majestic Estates, Project Development Plan, PDP #160016.
APPLICANT: Ken Merritt, JR Engineering, LLC
2900 South College Avenue, Suite 3D
Fort Collins, CO 80525
OWNER: Suburban Land Reserve Inc.
79 South Main Street, Suite 500
Salt Lake City, UT 84111
PROJECT DESCRIPTION:
This is a request for consideration of a Project Development Plan (P.D.P.) for Majestic
Estates. The project is located at the southeast corner of Trilby Road and Timberline
Road on 19.93 acres of vacant land.
The project proposes eight single-family lots ranging in size from 22,653 square feet to
30,197 square feet. The project proposes to cluster the lots along Majestic Drive and
retain 14.95 acres for open space with a six foot wide concrete pedestrian path
meandering through the open space. Single-family residential is permitted in the Urban
Estate (U-E) zone district subject to review and approval by an administrative hearing
officer (Type 1).
RECOMMENDATION: Approval of Majestic Estates Project Development Plan, PDP
#160016.
EXECUTIVE SUMMARY:
The approval of Majestic Estates Project Development Plan complies with the
applicable requirements of the City of Fort Collins Land Use Code (LUC), more
specifically:
The P.D.P. complies with process located in Division 2.2 – Common
Development Review Procedures for Development Applications of Article 2 –
Administration.
The P.D.P. complies with relevant standards located in Article 3 – General
Development Standards.
(Majestic Estates) PDP #160016
Type 1 Hearing, August 31, 2016
Page 2
The P.D.P. complies with relevant standards located in Division 4.2, Urban
Estate District (U-E) of Article 4 – Districts.
COMMENTS:
1. Background:
The subject property was annexed and zoned (U-E) on August 26, 2016 (Second
Reading of the ordinance by City Council on August 16, 2016).
The property is currently vacant. The property is accessed off Majestic Drive, which was
constructed as part of the LDS Temple PDP (approved in 2014).
The surrounding zoning and land uses are as follows:
Direction Zone District Existing Land Uses
North Urban Estate (U-E) and Low
Density Mixed-Use
Neighborhood (L-M-N)
Westchase Neighborhood – single-family
residential
South Larimer County - Farming
(FA-1)
Single-family residential
East Larimer County - Farming
(FA-1)
Single-family residential
West Urban Estate (U-E) LDS Temple
2. Compliance with Article 4 of the Land Use Code – Urban Estate (U-E):
The project complies with all applicable Article 4 standards as follows:
A. Section 4.2 (B) – Permitted Uses
Single-family detached dwellings are permitted subject to administrative
review (Type 1 Hearing).
B. Section 4.2 (D) – Land Use Standards
(Majestic Estates) PDP #160016
Type 1 Hearing, August 31, 2016
Page 3
1) Section 4.2 (D)(1)(a) Overall average density shall not exceed two (2)
dwelling units per gross acre.
The proposed density is 0.4 dwelling units per gross acre.
2) Section 4.2 (D)(1)(b) Lot sizes shall be one-half (½) acre or larger for
dwellings that are not clustered in accordance with the standards set
forth in this Division.
The proposed minimum lot size is 22,653 square feet (0.52 acres).
3) Section 4.2 (D)(2) Dimensional Standards. This section provides
standards for minimum lot width (100 feet), required setbacks, and
maximum building height (3 stories).
All proposed lots are wider than 100 feet at the street front and the
setback standards and height requirement will be applied at time the of
building permit.
C. Section 4.2(E) – Development Standards
1) Section 4.2 (E)(1) requires that all development comply with Section
3.6.3 street pattern and connectivity standards.
The proposed lots are accessed off an existing street and therefore do
not have the opportunity to provide any greater connectivity to
surrounding neighborhoods. Additionally, access off of Rock Castle
Lane (to the south) is prohibited for this property per an agreement
(Rec. 20120003750) with surrounding property owners whom own and
access their homes from the private drive.
2) Section 4.2 (E)(2) Site Design for Residential Cluster Development.
This section outlines the standards required for reducing the minimum
lot sizes of residential lots as a result of clustering the lots together and
permanently preserving at least 50% of the total land area as open
space.
The proposed project clusters the single-family lots together and
preserves 75% of the total land area as open space. And, still
maintains the minimum lot sizes as required without applying the
cluster development standards.
(Majestic Estates) PDP #160016
Type 1 Hearing, August 31, 2016
Page 4
3. Compliance with Article 3 of the Land Use Code – General
Development Standards
The project complies with all applicable General Development Standards; with the
following relevant comments provided:
A. Division 3.2 – Site Planning and Design Standards
1) 3.2.1 Landscaping and Tree Protection:
A detailed landscape plan is provided with this P.D.P. The open space
is planted with native grasses and trees around its perimeter. The
fronts of each lot are fully landscaped with shrubs, perennials, and a
ornamental metal fence.
Street trees are already provided with the construction of Majestic
Drive.
2) 3.2.2 Access, Circulation and Parking:
All public infrastructure is already installed including the street
(Majestic Drive), a detached sidewalk, street trees, and street lights.
Parking will be provided on-site with each single-family dwelling as it is
constructed. One on-site parking space is required for each lot which
will be confirmed at time of building permit.
B. Division 3.4 – Environmental, Natural Area, Recreational and Cultural
Resource Protection Standards
1) 3.4.1 Natural Habitats and Features:
The site does not have any significant ecological features but has still
provided a landscape plan that will provide native grasses and plants.
C. Division 3.5 – Building Standards
At time of building permit the following standards will be applied:
o 3.5.2(D)(1) Orientation to a Connecting Walkway. Every front
facade with a primary entrance to a dwelling unit shall face the
adjacent street to the extent reasonably feasible. Every front
facade with a primary entrance to a dwelling unit shall face a
connecting walkway with no primary entrance more than two
hundred (200) feet from a street sidewalk.
(Majestic Estates) PDP #160016
Type 1 Hearing, August 31, 2016
Page 5
o 3.5.2(F) Garage Doors. To prevent residential streetscapes
from being dominated by protruding garage doors, and to allow
the active, visually interesting features of the house to
dominate the streetscape, the following standards shall apply:
(1) Street-facing garage doors must be recessed behind
either the front facade of the ground floor living area portion
of the dwelling or a covered porch (measuring at least six [6]
feet by eight [8] feet) by at least four (4) feet. Any street-
facing garage doors complying with this standard shall not
protrude forward from the front facade of the living area
portion of the dwelling by more than eight (8) feet.
(2) Garage doors may be located on another side of the
dwelling ("side- or rear-loaded") provided that the side of the
garage facing the front street has windows or other
architectural details that mimic the features of the living
portion of the dwelling.
(3) Garage doors shall not comprise more than fifty (50)
percent of the ground floor street-facing linear building
frontage. Alleys and corner lots are exempt from this
standard.
4. Public Comments
The only comment received was a phone call to the Planner confirming that the
proposed project was not accessing off of Rock Castle Lane as precluded by the
recorded agreement (Rec. 20120003750).
5. Findings of Fact/Conclusion
In evaluating the request for the Majestic Estates Development Plan, Staff makes the
following findings of fact:
A. The P.D.P. complies with process located in Division 2.2 – Common
Development Review Procedures for Development Applications of Article
2 – Administration.
B. The P.D.P. complies with relevant standards located in Article 3 – General
Development Standards.
C. The P.D.P. complies with relevant standards located in Division 4.2, Urban
Estate District (U-E) of Article 4 – Districts.
(Majestic Estates) PDP #160016
Type 1 Hearing, August 31, 2016
Page 6
RECOMMENDATION:
Staff recommends approval of the Majestic Estates Project Development Plan, PDP
#160016.
ATTACHMENTS:
1. Planning Narrative
2. Site Plan
3. Landscape Plans
4. Plat