HomeMy WebLinkAboutHARMONY RIDGE P.U.D. 3RD REPLAT, 4609 MORNING DOVE LN. (6-PLEX) - PDP/FDP - FDP150043 - DECISION - FINDINGS, CONCLUSIONS & DECISION1
CITY OF FORT COLLINS
TYPE 1 ADMINISTRATIVE HEARING
FINDINGS AND DECISION
HEARING DATE: March 2, 2016
PROJECT NAME: Harmony Ridge PUD Third Replat
CASE NUMBER: FDP #150043
APPLICANT: Cody Geisendorfer
Quality Engineering LLC
2637 Midpoint Dr.
Fort Collins, CO 80525
OWNER: Post Modern Development, Inc.
144 North Mason Street, Unit 4
Fort Collins, CO 80524
HEARING OFFICER: Marcus A. McAskin
PROJECT DESCRIPTION: This is a request for a combined Project Development Plan/final plan
to replat Lot 11, Harmony Ridge PUD, consisting of 0.35 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 Third Replat, and range in size from 2,480 square feet to 2,685 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 southwest corner of Prairie Ridge Drive and Morning Dove 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:
2
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 2, 2016, in Conference
Rooms A-D, 281 North College Avenue, Fort Collins, Colorado, following the conclusion of the
public hearing on the Eye Center of Northern Colorado project (PDP #150029).
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 Third Replat
(FDP #150043). A copy of the Staff Report is attached to this decision as
ATTACHMENT A and is incorporated herein by reference.
3. Harmony Ridge PUD Third Replat (1 Sheet).
4. Affidavit of Publication dated February 23, 2016, evidencing proof of publication of
Notice of Hearing in the Fort Collins Coloradan on February 23, 2016.
5. Notice of Public Hearing dated February 17, 2016.
6. 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: Cody Geisendorfer
Quality Engineering LLC
2637 Midpoint Dr.
Fort Collins, CO 80525
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 Third Replat are currently under construction. Based on
testimony provided by the Applicant and City Staff 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, the window wells constructed on the west
side of each of the homes located on Lots 1-6 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 Third Replat (FDP #150043) as submitted, on the condition that no temporary certificate of
occupancy (TCO) or certificate of occupancy (CO) be issued for the single-family attached
dwellings units located on Lots 1-6 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 encroachment (described in
4
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 units are relocated
or reconstructed as necessary to eliminate the encroachment.
DATED this 14
th
day of March, 2016.
___________________________________
Marcus A. McAskin
Hearing Officer
5
ATTACHMENT A
Staff Report
Harmony Ridge PUD Third Replat
(FDP# 150043)
ITEM NO 2
MEETING DATE Mar. 2, 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 3
rd
Replat, FDP150043
APPLICANT: Cody Geisendorfer
Quality Engineering LLC
2637 Midpoint Dr.
Fort Collins, CO 80525
OWNERS: Post Modern Development, Inc.
144 N Mason St.
Unit 4
Fort Collins, CO 80524
PROJECT DESCRIPTION:
This is a request for a combined project development plan/final plan to replat Lot 11 of
the Harmony Ridge PUD third replat to create six individual townhouse lots. The lot
was originally platted for condominium units. The site contains .26 acres and is located
on the southwest corner of Prairie Ridge & Morning Dove Drives. The project is located
in the Low Density Mixed-Use Neighborhood (LMN) zone district.
RECOMMENDATION: Staff recommends approval of Harmony Ridge 3
rd
Replat,
FDP150043.
EXECUTIVE SUMMARY:
Staff finds the proposed Harmony Ridge 3
rd
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 3rd Replat, FDP150043
Administrative Hearing 03-02-2016
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 3rd Replat, FDP150043
Administrative Hearing 03-02-2016
Page 3
Figure 1: Harmony Ridge 3
rd
Replat Zoning & Site Vicinity Map
Staff Report – Harmony Ridge 3rd Replat, FDP150043
Administrative Hearing 03-02-2016
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:
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 3
rd
Replat Project Development
Plan/Final Plan, Staff makes the following findings of fact:
Staff Report – Harmony Ridge 3rd Replat, FDP150043
Administrative Hearing 03-02-2016
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 3
rd
Replat, FDP150043.
ATTACHMENTS:
1. Zoning & Site Vicinity Map
2. Harmony Ridge 3
rd
Replat