HomeMy WebLinkAboutHARMONY RIDGE P.U.D. SECOND REPLAT (SIX PLEX), 4608 DUSTY SAGE DR. - PDP/FDP - FDP150041 - DECISION - FINDINGS, CONCLUSIONS & DECISION1
CITY OF FORT COLLINS
TYPE 1 ADMINISTRATIVE HEARING
FINDINGS AND DECISION
HEARING DATE: March 16, 2016
PROJECT NAME: Harmony Ridge PUD Second Replat
CASE NUMBER: FDP #150041
APPLICANT: Ed Glavin
Treeline Builders
141 S. College Ave., Suite 103
Fort Collins, CO 80521
OWNER: Ridgeview Business Ventures, LLC
7841 Vantage View Place
Fort Collins, CO 80525
HEARING OFFICER: Marcus A. McAskin
PROJECT DESCRIPTION: This is a request for a combined Project Development Plan/final plan
to replat Lot 15, Harmony Ridge PUD, consisting of 0.42 acres more or less (the “Subject
Property”), into six (6) individual townhome lots. The six lots are set forth and depicted in the
Harmony Ridge PUD Second Replat, and range in size from 2,800 square feet to 3,207 square feet.
The Subject Property was originally platted for condominium units and construction of the
residential units commenced on the Subject Property prior to this application being submitted. The
Subject Property is located on the southeast corner of Prairie Ridge Drive and Dusty Sage Drive
and is located in the Low Density Mixed-Use Neighborhood (L-M-N) zone district.
The proposed Project Development Plan/final plan is subject to Administrative (Type 1) review in
the L-M-N District, pursuant to Section 4.5(B)(2)(a)(3) of the Land Use Code.
BACKGROUND: The surrounding zoning and land uses are set forth in the table appearing at the
top of page 2:
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Direction Zone District Existing Land Uses
North
Low Density Mixed-Use Neighborhood
(L-M-N)
Single-family attached residential, gas station,
medical office, retail
South
Low Density Mixed-Use Neighborhood
(L-M-N), Public Open Lands (POL)
Single-family attached residential, open space
East
Low Density Mixed-Use Neighborhood
(L-M-N), Urban Estate (UE)
Single-family attached residential, single-
family detached residential
West
Low Density Mixed-Use Neighborhood
(L-M-N), Public Open Lands (POL)
Single-family attached residential, open space
SUMMARY OF DECISION: Approved, with condition.
ZONE DISTRICT: (L-M-N) Low Density Mixed-Use Neighborhood District
HEARING: The Hearing Officer opened the hearing on Wednesday, March 16, 2016, in
Conference Rooms A-D, 281 North College Avenue, Fort Collins, Colorado, at approximately 5:30
p.m.
EVIDENCE: Prior to or at the hearing, the Hearing Officer accepted the following documents as
part of the record of this proceeding:
1. Project Vicinity Map.
2. Planning Department Staff Report prepared for Harmony Ridge PUD Second Replat
(FDP #150041). A copy of the Staff Report is attached to this decision as
ATTACHMENT A and is incorporated herein by reference.
3. Harmony Ridge PUD Second Replat (1 Sheet).
4. Affidavit of Publication dated March 8, 2016, evidencing proof of publication of
Notice of Hearing in the Fort Collins Coloradoan on March 8, 2016.
5. Notice of Public Hearing dated March 2, 2016.
6. Planning Department PowerPoint presentation
7. 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: Clay Frickey, City Planner
From the Applicant: Ed Glavin
Treeline Builders
3
From the Public: Brian Powers, 4844 Prairie Vista Drive, Fort Collins, CO
(President of the Harmony Ridge Estates HOA)
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;
C. the Application complies with the applicable Low Density Mixed-Use
Neighborhood District (L-M-N) standards contained in Article 4, Division 4.5 of the
Land Use Code. Specifically, the proposed single-family attached dwellings are a
permitted use in the L-M-N District and the use is consistent with the L-M-N
District’s stated purposes of being a setting for a predominance of low density
housing consisting of housing choices that invite walking to gathering places,
services and conveniences, as articulated in Section 4.5(A) of the Code; and
D. The partially completed single-family attached dwelling units located on Lots 1-6,
Harmony Ridge PUD Second Replat are currently under construction. Based on
testimony provided by the Applicant at the hearing, the City of Fort Collins issued a
F&F (foundation and framing) permit for the single-family attached dwelling units
on Lots 1-6. Currently, approximately the window wells constructed on Lot 1
encroach into a portion of Tract 6, Harmony Ridge P.U.D. which is owned of record
by the Harmony Ridge Estates HOA.
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 Harmony
Ridge PUD Second Replat (FDP #150041) as submitted, on the condition that no temporary
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certificate of occupancy (TCO) or certificate of occupancy (CO) be issued for the single-family
attached dwellings unit located on Lot 1
1
until such time as:
(1) the Applicant/Owner of the Subject Property has secured a perpetual non-revocable
license agreement, easement agreement, or similar legal instrument from the Harmony
Ridge Estates HOA which recognizes and permits the minor encroachment (described
in paragraph 2.D. above) into Tract 6, Harmony Ridge P.U.D., and the same has been
recorded in the real property records of Larimer County, Colorado; or
(2) the location of the window wells and/or other portions of the dwelling unit located on
Lot 1 are relocated or reconstructed as necessary to eliminate the encroachment.
DATED this 21
st
day of March, 2016.
___________________________________
Marcus A. McAskin
Hearing Officer
1 This condition does not apply to the units located on Lots 2 through 6, Harmony Ridge PUD Second
Replat.
5
ATTACHMENT A
Staff Report
Harmony Ridge PUD Second Replat
(FDP# 150041)
ITEM NO 2
MEETING DATE Mar. 16, 2016
STAFF Clay Frickey
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: Harmony Ridge 2
nd
Replat, FDP150041
APPLICANT: Ed Glavin
Treeline Builders
141 S College Ave
Suite 103
Fort Collins, CO 80521
OWNERS: Ridgeview Business Ventures LLC
7841 Vantage View Pl
Fort Collins, CO 80525
PROJECT DESCRIPTION:
This is a request for a combined project development plan/final plan to replat Lot 15 of
the Harmony Ridge PUD to create six individual townhouse lots. The lot was originally
platted for condominium units. The site contains .367 acres and is located on the
southeast corner of Prairie Ridge Dr & Dusty Sage Dr. The project is located in the Low
Density Mixed-Use Neighborhood (LMN) zone district.
RECOMMENDATION: Staff recommends approval of Harmony Ridge 2
nd
Replat,
FDP150041.
EXECUTIVE SUMMARY:
Staff finds the proposed Harmony Ridge 2
nd
Replat Project Development Plan/Final
Plan complies with the applicable requirements of the City of Fort Collins Land Use
Code (LUC), more specifically:
The Project Development Plan/Final Plan complies with the process located in
Division 2.2 – Common Development Review Procedures for Development
Applications of Article 2 – Administration.
The Project Development Plan/Final Plan complies with relevant standards of
Article 3 – General Development Standards.
Staff Report – Harmony Ridge 2nd Replat, FDP150041
Administrative Hearing 03-16-2016
Page 2
The Project Development Plan/Final Plan complies with relevant standards
located in Division 4.5, Low Density Mixed-Use Neighborhood (LMN) of Article 4
– Districts.
COMMENTS:
1. Background
The property was annexed into the City as part of the Harmony-Taft Hill Annexation on
April 4, 1989. The lot was originally created as part of the Harmony Ridge PUD, which
was approved March 11, 1999. While the majority of Harmony Ridge was built out upon
approval, a couple of lots remain undeveloped including this lot seeking a replat. The
original Harmony Ridge subdivision plat showed the lot platted for condomimiums. The
applicant is replatting to create 6 townhouse lots.
The surrounding zoning and land uses are as follows:
Direction Zone District Existing Land Uses
North
Low Density Mixed-Use Neighborhood
(LMN)
Single-family attached residential, gas station,
medical office, retail
South
Low Density Mixed-Use Neighborhood
(LMN), Public Open Lands (POL)
Single-family attached residential, open space
East
Low Density Mixed-Use Neighborhood
(LMN), Urban Estate (UE)
Single-family attached residential , single-
family detached residential
West
Low Density Mixed-Use Neighborhood
(LMN), Public Open Lands (POL)
Single-family attached residential, open space
A zoning and site vicinity map is presented on the following page.
Staff Report – Harmony Ridge 2nd Replat, FDP150041
Administrative Hearing 03-16-2016
Page 3
Figure 1: Harmony Ridge 2
nd
Replat Zoning & Site Vicinity Map
Staff Report – Harmony Ridge 2nd Replat, FDP150041
Administrative Hearing 03-16-2016
Page 4
2. Compliance with Article 3 of the Land Use Code – General Development
Standards:
The project complies with all applicable General Development Standards as
follows:
A. Section 3.2.3 - Solar access, orientation, shading
All developments must be designed to accommodate active and/or
passive solar installations and must not deny adjacent properties access
to sunshine. The existing buildings are designed and located to minimize
the casting of shadows on adjacent properties and could accommodate
future active and/or passive solar installations.
B. Section 3.3.1(B) – Lots
No lot in a subdivision shall have less area than required under the
applicable zoning requirements. Each lot must also have vehicular access
to a public street. All lots meet the minimum dimensional standards
outlined in sections 4.8(D) (E) of the Land Use Code. While none of the
lots have direct frontage on a public street, each lot gains access to the
street since they have common ownership of the HOA tract that separates
the building from the street. Due to their common ownership, each owner
has access to the HOA-owned land and can therefore cross this land to
get access to the public street.
3. Compliance with Article 4 of the Land Use Code – Division 4.5, Low Density
Mixed-Use Neighborhood (LMN):
The project complies with all applicable Article 4 standards as follows:
A. Section 4.5(B)(2)(a) – Permitted Uses
The proposed use, single-family attached dwellings, is permitted in the
LMN zone district and is consistent with the district’s intent to be a setting
for a predominance of low density housing.
5. Findings of Fact/Conclusion:
In evaluating the request for the Harmony Ridge 2
nd
Replat Project Development
Plan/Final Plan, Staff makes the following findings of fact:
Staff Report – Harmony Ridge 2nd Replat, FDP150041
Administrative Hearing 03-16-2016
Page 5
A. The Project Development Plan/Final Plan complies with process located in
Division 2.2 – Common Development Review Procedures for
Development Applications of Article 2 – Administration.
B. The Project Development Plan/Final Plan complies with relevant
standards located in Article 3 – General Development Standards.
C. The Project Development Plan/Final Plan complies with relevant
standards located in Division 4.5, Low Density Mixed-Use Neighborhood
(LMN) of Article 4 – Districts.
RECOMMENDATION:
Staff recommends approval of Harmony Ridge 2
nd
Replat, FDP150041.
ATTACHMENTS:
1. Zoning & Site Vicinity Map
2. Harmony Ridge 2
nd
Replat