HomeMy WebLinkAboutFOX GROVE PHASE 2 - PDP190002 - DECISION - HEARING OFFICER DECISION1
CITY OF FORT COLLINS
TYPE 1 ADMINISTRATIVE HEARING
FINDINGS AND DECISION
HEARING DATE: September 16, 2019
PROJECT NAME: Fox Grove Phase 2 Project Development Plan (“Fox
Grove 2 PDP” or “Fox Grove Phase 2” or “Phase 2”)
CASE NUMBER: PDP#190002
APPLICANT: Klara Rossouw
Ripley Design, Inc.
419 Canyon Avenue, Suite 200
Fort Collins, CO 80521
OWNER: Imago Enterprises, Inc.
140 Palmer Dr.
Fort Collins, CO 80525
HEARING OFFICER: Marcus A. McAskin
PROJECT DESCRIPTION: The Fox Grove 2 PDP is the second and final phase of the Fox Grove
Overall Development Plan (ODP). Fox Grove Phase 2 proposes a total of 47 single-family detached
dwellings on approximately 14 acres (3.35 du/acre).
The subject property is located southeast of E. Mulberry Street and Interstate 25 (parcel
#8715220001) and is zoned L-M-N, Low Density Mixed-Use Neighborhood. The subject property
is undeveloped except for a stormwater detention area located in the southwest portion of the
property. The detention area was developed as part of Fox Grove Phase One
The Fox Grove ODP contemplates a total of 115 single-family detached units. Fox Grove Phase
One Final Development Plan approved 67 single-family detached units for the first phase of the
ODP (“Phase 1”). The infrastructure and most of the homes approved for Phase 1 have been
constructed. Upon completion of Phase 1 and Phase 2, the total number of single-family detached
units within the ODP area will be 114 units.
The application includes a proposal to replat Tract A, Fox Grove Subdivision. A final plat will be
required at the time of Final Plan submittal.
Three Modifications of Standards to the Land Use Code were approved with the Fox Grove ODP,
allowing: (1) a reduction to the minimum required density in the L-M-N zone district, (2) a
reduction in the minimum required housing types in the L-M-N zone district, and (3) single-family
lots within 1,320 feet of the Interstate 25 corridor.
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Specifically, the Modifications of Standards to Sections 4.5(D)(1)(a), 4.5(D)(2) and 3.9.2(A) of the
Land Use Code were approved by the Planning and Zoning Board at its April 10, 2014 regular
meeting.
SURROUNDING ZONING AND LAND USES:
Direction Zone District Existing Land Uses
North General Commercial (G-C)
Interchange Business Park – commercial
uses
South Industrial (I) Undeveloped
East
Low Density Mixed-Use
Neighborhood (L-M-N)
Fox Grove Phase One; Clydesdale Park
residential subdivision
West
Larimer County, zoned Commercial
(C)
Boxelder Creek and currently undeveloped
Larimer County Lot 1 Lee M.L.D.
SUMMARY OF DECISION: Approved.
ZONE DISTRICT: Low Density Mixed-Use Neighborhood District (L-M-N)
HEARING: The Hearing Officer opened the hearing on Monday, September 16, 2019, 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) Development Review Staff Report for Fox Grove Phase 2 Project Development Plan
(PDP 190002). A copy of the Staff Report is attached to this decision as ATTACHMENT
A and is incorporated herein by reference;
(2) Vicinity Map;
(3) Zoning Map;
(4) Site Plan Rendering (1 sheet);
(5) Fox Grove ODP (1 sheet);
(6) Fox Grove Phase 2 Site Plan, Landscape Plan, and Natural Habitat Buffer Zone Plan (8
sheets);
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(7) Phase 2 Plat (2 sheets);
(8) Traffic Impact Statement (TIS) dated February 12, 2019;
(9) Memo from Delich Associates to Applicant re: TIS dated June 19, 2019;
(10) Prairie Dog Acceptance Letter from adjoining property owner;
(11) Fox Grove Phase II – Revised Environmental Characterization Study;
(12) Letter to Assistant City Traffic Engineer from Les Kaplan re: lack of pedestrian
connection between Fox Grove and Waterdale property;
(13) Fox Grove Phase 2 Utility Plans (9 sheets);
(14) Fox Grove Phase 1 recorded plat (4 sheets);
(15) Fox Grove Phase One Final Development Plan (8 sheets);
(16) City of Fort Collins Staff Report for Fox Grove Overall Development Plan (ODP
#130003);
(17) Planning & Zoning Board Minutes on Fox Grove Overall Development Plan (ODP
#130003), dated 4/10/14;
(18) Decision Letter for Fox Grove Overall Development Plan and Modifications of
Standard, dated 4/14/14;
(19) Findings and Decision for Fox Grove Project Development Plan Phase 1, dated
10/13/14;
(20) Sign Posting Form of Fox Grove Project Development Plan Phase 2 and pictures of
sign posting for Fox Grove Project Development Plan Phase 2 (two pictures);
(21) Written comments regarding Fox Grove Project Development Plan Phase 2;
(22) Confirmation of Publication dated September 5, 2019 evidencing proof of publication
of Notice of Hearing in the Fort Collins Coloradan on September 5, 2019;
(23) Notice of Public Hearing dated August 30, 2019;
(24) The PowerPoint presentation prepared by City Staff for the September 16, 2019 hearing
(15 slides);
(25) The PowerPoint presentation prepared by the Applicant for the September 16, 2019
hearing (26 slides);
(26) Administrative (Type 1) Hearing: Order of Proceedings; and
(27) Rules of Conduct for Administrative Hearings.
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In addition, the City’s Comprehensive Plan, Land Use Code (“Code” or “LUC”), 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: Jason Holland, PLA, City Planner
Stephanie Blochowiak, Environmental Planner
From the Applicant/
Owner: Klara Rossouw, Ripley Design, Inc.
Stephanie Hansen, Ripley Design, Inc.
Stephanie Thomas, PE, Northern Engineering, Inc.
Matt Delich, Delich Associates
Nick Galluzzo, LC Real Estate Group
Lester Kaplan, Imago Enterprises, Inc.
From the Public (in attendance): Kristi Rice, 865 Pleasure Drive
From the Public (via written comment): Deborah Blennerhassett, 955 Sunchase Drive
George Ross, 4635 Withers Drive
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. Except for Section 3.6.3 of the Land Use Code, for which an alternative development
plan was approved through the Fox Grove ODP (discussed in Finding C), and
Section 3.9.2(A) of the Land Use Code, which standard was modified by the Fox
Grove ODP (discussed in Finding D), the Application complies with the applicable
General Development Standards contained in Article 3 of the Land Use Code.
C. The Application complies with the alternative development plan approved for the
standard set forth in Section 3.6.3 (requiring future public street connections along
each boundary that abuts potentially developable land at maximum intervals of 660
feet).
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D. The Application complies with Section 3.9.2(A) of the Land Use Code, as such
standard was modified by the Fox Grove ODP. The Fox Grove ODP modifies
Section 3.9.2(A) by allowing single-family residential lots within 1,320 feet of the
centerline of Interstate 25. The Application complies with this modified standard.
E. The multiple and noncontiguous buffer zones depicted on Sheet 8 of the Fox Grove
Subdivision Second Filing, including the encroachments depicted thereon, comply
with the buffer zone performance standards set forth in Section 3.4.1(E)(1)(a)-(i).
F. Except for Sections 4.5(D)(1)(a) and 4.5(D)(2) of the Land Use Code, which
standards were modified by the Fox Grove ODP (discussed in Findings G and H,
respectively), the Application complies with the applicable 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) which permits single-family detached units as
a permitted use, subject to administrative review.
G. The Application complies with Section 4.5(D)(1)(a) of the Land Use Code, as such
standard was modified by the Fox Grove ODP. The Fox Grove ODP reduced the
required overall minimum average density of 4.00 dwelling units per acre for PDPs
and ODPs containing more than 20 acres to 3.00 units per acre. Phase 1’s density of
3.06 dwelling units per acre complied with this modified standard. Phase 2’s density
of 3.35 dwelling units per acre also complies with this modified standard.
H. The Application complies with Section 4.5(D)(2) of the Land Use Code, as such
standard was modified by the Fox Grove ODP. The Fox Grove ODP reduced the
required number of housing types from four to one. The Application, which includes
one housing type, complies with this modified standard.
I. The Application complies with the Fox Grove ODP.
3. The Application’s satisfaction of the applicable Article 2, 3, and 4 requirements of the Land
Use Code and the Fox Grove ODP 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 enters the following ruling:
A. The Fox Grove Phase 2 Project Development Plan (PDP#190002) is approved for the subject
property as submitted.
B. The buffer zones depicted on Sheet 8 of the Fox Grove Subdivision Second Filing,
including the encroachments depicted thereon, are approved.
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DATED this 21st day of September, 2019.
___________________________________
Marcus A. McAskin
Hearing Officer
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ATTACHMENT A
Staff Report
Fox Grove Phase 2 Project Development Plan
Project Development Plan
#PDP190002
Development Review Staff Report
Planning Services Fort Collins, Colorado 80521 p. 970-416-4311 f. 970.224.6134 www.fcgov.com
Administrative Hearing: September 16, 2019
Fox Grove Phase 2 Project Development Plan
Summary of Request
This is a request for a Project Development Plan (PDP) to build 47
single-family detached homes as part of the second phase of the
Fox Grove Subdivision. Access is taken from Vixen Drive and Fox
Grove Drive to the east, connecting phases one and two.
Zoning Map
Next Steps
If approved by the decision maker, the applicant will be eligible to
submit for Final Development Plan which must be consistent with
the Project Development Plan and any associated conditions. The
Final Plan submittal is subject to additional review and can be
approved, approved with conditions or denied based on the
consistency with the Project Development Plan. After final review
and approval all documents can be submitted for recordation and
the project will be eligible to apply for a building permit.
Site Location
Located southeast of E. Mulberry St. and
Interstate 25 (parcel #8715220001).
Zoning
Low Density Mixed-Use Neighborhood (L-M-N)
Property Owner
Imago Enterprises, Inc.
140 Palmer Drive
Fort Collins, CO 80525
Applicant/Representative
Klara Rossouw
Ripley Design, Inc.
419 Canyon Avenue, Suite 200
Fort Collins, CO 80521
Staff
Jason Holland, City Planner
Contents
1. Project Introduction .................................... 2
2. Public Outreach ......................................... 2
3. Article 2 – Applicable Standards ................ 3
4. Article 3 - Applicable Standards ................. 4
5. Article 4 – Applicable Standards: ............... 8
6. Findings of Fact/Conclusion .................... 10
7. Recommendation ..................................... 10
8. Attachments ............................................. 10
Staff Recommendation
Approval
PDP190002 | Fox Grove Phase 2
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1. Project Introduction
A. PROJECT DESCRIPTION
• Project Development Plan (PDP) to build 47 single-family detached homes. This PDP is the second and
final phase of the Fox Grove Overall Development Plan (ODP). The ODP was approved by the Planning
and Zoning Board on April 10, 2014. The Overall Development Plan includes 35.8 acres overall.
• Phase two is approximately 14 acres, with a total gross density of 3.35 du’s/acre.
• Access is taken from Vixen Drive and Fox Grove Drive to the east, connecting phase one and phase two.
• Phase One included 21.87 acres to accommodate 67 lots for single-family detached homes. The total lots
for both phases is 114 dwellings. The infrastructure and the majority of the homes in phase one have
been constructed.
• Three Modifications of Standard were approved with the Overall Development Plan. The approved
modifications include a reduction to the minimum required density in LMN Zone, a reduction in the
minimum required housing types in LMN Zone, and a modification to allow single family lots within 1,320
feet of I-25.
B. SITE CHARACTERISTICS
1. Development Status/Current Conditions
The phase two site is currently undeveloped, with the exception of the stormwater detention area which was
developed as part of Fox Grove Phase One. The site is bordered by Boxelder Creek to the west with existing
residential development to the north and west.
2. Surrounding Zoning and Land Use
North South East West
Zoning General Commercial (G-C) Industrial (I) Low Density Mixed-Use
Neighborhood (L-M-N
Larimer County, zoned
Commercial (C)
Land
Use
Interchange Business Park
– commercial uses
Undeveloped Fox Grove Phase One;
Clydesdale Park
residential subdivision
Boxelder Creek and
currently undeveloped
Larimer County Lot 1
Lee M.L.D.
C. OVERVIEW OF MAIN CONSIDERATIONS
The main considerations are compliance with the Land Use Code standards and the approved Overall
Development Plan.
Three Modifications of Standard were approved with the Overall Development Plan. The approved
modifications include:
• a reduction to the minimum required density in LMN Zone,
• a reduction in the minimum required housing types in LMN Zone and,
• a modification to allow single family lots within 1,320 feet of I-25.
Staff has evaluated the phase two PDP under the applicable sections of the Land Use Code and finds that all
issues have been addressed.
PDP190002 | Fox Grove Phase 2
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2. Public Outreach
A. NEIGHBORHOOD MEETING
A neighborhood meeting was not required and was not held for the phase two PDP. A City neighborhood
meeting was held for Fox Grove Overall Development Plan in 2014. With the ODP neighborhood meeting, a
concept plan was presented and the general layout of the development was discussed.
B. PUBLIC COMMENTS:
Neighborhood comments at the meeting concerned the following topics:
1) The responsibility for the future maintenance of the existing portion of Carriage Parkway, which is within the
boundaries of the Clydesdale Park neighborhood northwest of the Fox Grove O.D.P. This existing portion of
Carriage Parkway is currently maintained by the Clydesdale Park residents through the funding of a Public
Improvement District.
Resolution: The City annexed Clydesdale Park to take over the maintenance of Carriage Parkway.
2) The use of the existing portion of Carriage Parkway for construction access.
Resolution: This remains a continued concern because Carriage Parkway is the the only construction
access for both phases of Fox Grove. Erosion control and construction ingress/egress measures are
required. Staff will enforce the erosion control plan consistent with City policies and procedures.
3) Lack of open space / park space and the distribution of park space, as proposed with the initial Phase One
concept plan presented at the neighborhood meeting. Concern was expressed that the lack of open space
and amenities originally presented will cause future residents of Fox Grove to over-utilize existing open space
amenities and walking paths within Clydesdale Park.
Resolution: The phase one PDP and the ODP were revised to include additional functional park and
open space.
4) Concern that the general character and overall form proposed with the initial plan does not adequately
transition and complement Clydesdale Park.
Resolution: The overall street and lot pattern of the ODP and phase one PDP dwas revised to be
more varied and more compatible with the area. Additional trail connections were also provided. The
revisions are reflected in both PDP phases.
3. Article 2 – Applicable Standards
This project was submitted on February 15, 2019. The PDP complies with all Common Development Review
Procedures for Development Applications of Article 2 – Administration. Written and published notice for this
hearing were provided in accordance with the Article 2 procedures.
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4. Article 3 - Applicable Standards
A. DIVISIONS 3.2 AND 3.3 - SITE PLANNING, DESIGN AND PLAT STANDARDS
Applicable
Code
Standard
Summary of Code Requirement and Analysis Staff
Findings
3.2.1
Landscaping
and Tree
Protection
Street trees are provided at approximately 40-foot intervals along portions of the
proposed street network. The project meets the minimum tree species diversity
requirement of this section and all utility separation requirements
Complies
3.2.2 Access,
Circulation
and Parking
In conformance with the Purpose, General Standard, and Development Standards
described in this section, the parking and circulation system provided with the project is
well designed with regard to safety, efficiency and convenience for vehicles, bicycles,
pedestrians and transit, both within the development and to and from surrounding
areas.
Complies
3.2.2(C)(6)
Direct On-Site
Access to
Pedestrian
and Bicycle
Connections
The standard reads as follows:
(6) Direct On-Site Access to Pedestrian and Bicycle Destinations. The on-site
pedestrian and bicycle circulation system must be designed to provide, or allow for,
direct connections to major pedestrian and bicycle destinations including, but not limited
to, parks, schools, Neighborhood Centers, Neighborhood Commercial Districts and
transit stops that are located either within the development or adjacent to the
development as required, to the maximum extent feasible. The on-site pedestrian and
bicycle circulation system must also provide, or allow for, on-site connections to existing
or planned off-site pedestrian and bicycle facilities at points necessary to provide direct
pedestrian and bicycle travel from the development to major pedestrian destinations
located within the neighborhood. In order to provide direct pedestrian connections to
these destinations, additional sidewalks or walkways not associated with a street, or the
extension of a sidewalk from the end of a cul-de-sac to another street or walkway, may
be required.
The proposed street sidewalk system is designed with block lengths that are spaced at
intervals less than the 660 feet maximum permitted. In accordance with the ODP, the
development incorporates small neighborhood parks and open space trails as
integrated features that provide additional convenient pedestrian and bicycle
connections within and through the project.
Because a regional trail connection may eventually be constructed following Boxelder
Creek along the western portion of the property, a 30-foot public access easement is
described on the project plat. Additionally, an east/west walkway is shown along the
southern boundary of the project, connecting the regional trail easement to Carriage
Parkway. This east/west connection to Carriage Parkway is an important component,
providing a separated pedestrian/bicycle connection not associated with a street, in
accordance with section 3.2.2(C)(6).
Complies
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B. DIVISION 3.5 – BUILDING STANDARDS
Applicable
Code
Standard
Summary of Code Requirement and Analysis Staff
Findings
3.5.2(C)
Housing
Model
Variety
Background:
Any development of one hundred (100) or more single-family detached dwellings shall have
at least four (4) different types of housing models. Any development containing fewer than
one hundred (100) single-family or two-family dwelling units shall have at least three (3)
different types of housing models.
Each housing model shall have at least three (3) characteristics which clearly and obviously
distinguish it from the other housing models, which characteristics may include, without
limitation, differences in floor plans, exterior materials, roof lines, garage placement,
placement of the footprint on the lot and/or building face.
These requirements do not apply to developments containing ten or fewer dwelling units.
For single-family detached dwellings, the enforcement procedure for this standard shall be in
accordance with Section 3.8.15 which requires enforcement at the time of building permit.
Compliance:
This standard was addressed with the ODP. The project exceeds the minimum 4 models
required, providing a total of seven housing models to add equivalent architectural variety
within the single housing type provided.
The seven housing models are provided as a part of the Modification of Standard that was
approved with the ODP, which reduced the number of housing types required for the ODP.
(see further in this staff report under Section 4.5(D)(2) Mix of Housing, and as discussed in
the attached ODP staff report dated April 10, 2014.
Complies
3.5.2(E)
Residential
Building
Setbacks,
Lot Width
and Size
The project is in compliance with this section, which requires a minimum lot width of 50 feet
for single-family detached dwellings if the garage is served by access from the abutting street.
The proposed project provides the following setbacks in conformance with the standards:
• 15-feet Front Yard
• 20-feet Garage
• 5-Interior Side Yard
• 15-feet Corner Side
• 8-feet Rear Yard
Complies
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C. DIVISION 3.4 - ENVIRONMENTAL, NATURAL AREA, RECREATIONAL & CULTURAL
RESOURCES
The purpose of this Section is to ensure that when property is developed consistent with its zoning designation,
the way in which the proposed physical elements of the development plan are designed and arranged on the site
will protect the natural habitats and features both on the site and in the vicinity of the site.
Applicable
Code
Standard
Summary of Code Requirement and Analysis Staff
Findings
3.4.1(C)
Natural
Habitats and
Features –
General
Standard
An Ecological Characterization Report is required because the project is within 500 feet of
an area identified as a natural habitat or feature on the City’s Natural Habitats and
Features Inventory Map (Boxelder Creek).
“To the maximum extent feasible, the development plan shall be designed and arranged to
be compatible with and to protect natural habitats and features and the plants and animals
that inhabit them and integrate them within the developed landscape of the community by:
(1) directing development away from sensitive resources, (2) minimizing impacts and
disturbance through the use of buffer zones, (3) enhancing existing conditions, or (4)
restoring or replacing the resource value lost to the community (either on-site or off-site)
when a development proposal will result in the disturbance of natural habitats or features.”
Complies
3.4.1(E)(1)(a-i)
Buffer Zone
Performance
Standards
These standards allow the decision maker [Hearing Officer] to determine buffer zones that
may be multiple and noncontiguous. The general buffer zone distance for each natural
habitat or feature is established in the quantitative buffer zone table, but the Hearing
Officer may reduce or enlarge any portion of the general buffer zone distance in order to
ensure qualitative performance standards are achieved. The general buffer zone for
Boxelder Creek is 100 feet, per the quantitative buffer zone table.
Background: The locations of onsite natural habitats and features is informed by the
updated Ecological Characterization Study (ECS) dated May 2019. The property
vegetation is dominated by non-native annual upland species and weeds. The Boxelder
Creek flows outside the limits of development (LOD) to the north and to the west of the
proposed development site. Onsite features include a 0.30 ac colony of black-tailed prairie
dogs and some native plants (P. smithii western wheatgrass, C. nauseousus rubber
rabbitbrush). Eight Colorado State noxious weed species were observed throughout the
site and within the Boxelder Creek corridor. The quantitative buffer standard is one-
hundred feet (100 ft) for Boxelder Creek. Black-tailed prairie dog colonies are special
habitat features [LUC 5.1.2] and colonies one (1) acre or greater in size require protection
and mitigation.
Boxelder Creek: The majority of the 100 ft setback for this resource is being maintained.
Development Proposal: The Fox Grove Phase II development proposes 19 feet of
encroachment into the Boxelder Creek 100 foot buffer with lots 12 and 13. During the
review process, two lots were eliminated to expand the 100 foot buffer by 20 feet near lots
10 and 11. A minimum 1.36 acre natural habitat buffer zone is required and the project is
proposing 1.74 acres total.
Summary: The Fox Grove Phase II development project proposal meets all nine (9) buffer
zone performance standards listed in LUC 3.4.1(E)(a-i). The project has been designed to
preserve and enhance ecological character and functions through maintaining wildlife
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3.4.1(N)(6)
Prairie Dog
Removal
This section requires that before the commencement of grading or other construction
activities on the development site, any prairie dogs inhabiting portions of the site within the
LOD shall be relocated or eradicated by the developer. Passive relocation techniques are
planned to relocate the 0.30 ac onsite black-tailed prairie dog colony into a receiving site,
the property directly west of the proposed project site, and with verified permission from
adjacent receiving site property owner. Please see attached prairie dog relocation letter.
Complies
D. DIVISION 3.6 – TRANSPORTATION AND CIRCULATION
Applicable
Code
Standard
Summary of Code Requirement and Analysis Staff
Findings
3.6.3
Street Pattern
and
Connectivity
Standards
This Section was reviewed and addressed comprehensively for both phases with the
ODP approval through Alternative Compliance. Section 2.3.2(H) of the Land Use Code
identifies seven criteria for reviewing ODP’s which includes street pattern and
connectivity.
Section 3.6.3 requires that the ODP provide for future public street connections along
each boundary that abuts potentially developable land at maximum intervals of 660
feet. The southern boundary of the ODP is approximately 2,025 feet in length,
therefore requiring three street connections along the southern boundary. Alternative
compliance was approved with the ODP to provide two street connections along this
southern boundary, with the third connection to the west approved as a bicycle and
pedestrian connection. No street connections were required to the north or west other
than Carriage Parkway.
Alternative Compliance was approved with the ODP, with the following staff comments
provided:
• In strict conformance with the standard, any boundary over 1,980 feet requires
three public street connections (660 feet x 3). The southern boundary’s 2,025
foot length is not significantly longer than 1,980 feet, with the southwestern
portion of the boundary containing open space and a natural feature, which
reduces the developable length of the southern boundary so that two street
public street connections provide adequate access and distribution, while
recognizing the specific context of the site.
• A second factor to consider is the presence of Industrial zoning to the south of
the O.D.P. boundary. Given this context, two street connections provide
adequate vehicular cross-access and traffic distribution, with a greater
emphasis on providing a transition and buffer to non-residential uses to the
south.
• Access and connectivity for bicycles and pedestrians are maintained. Non-
vehicular connections to the south and north are provided along the west
boundary of the ODP.
Complies
with
Alternative
Compliance
approved
with the
ODP
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3.6.6
Emergency
Access
All developments must provide adequate access for emergency vehicles and for those
persons rendering fire protection and emergency services. In order to meet this
standard two access points are required for the project. This requirement was first
addressed with the ODP by determining a second access point in addition to Carriage
Parkway. The second access point is in the phase one portion of the project, providing
a gated emergency-only connection to Quest Drive within the Sunflower Larimer County
subdivision to the north.
Complies
E. DIVISION 3.9 – DEVELOPMENT STANDARDS FOR THE I-25 CORRIDOR
Applicable
Code
Standard
Summary of Code Requirement and Analysis Staff
Findings
3.9.2(A)
Location of
Single-Family
Residential
Lots From I-
25
A modification was approved with the ODP to address this standard. The standard
prohibits the development of new single-family residential lots within one thousand three
hundred twenty (1,320) feet (one-quarter [¼] mile) of the centerline of Interstate Highway
25 (I-25) One exception is permitted for single family detached dwellings in the Rural
Lands District (R-U-L).
The ODP finding for the modification concluded that the request for the Modification of
Standard to Section 3.9.2(A) is justified by the applicable standards in 2.8.2(H). The
granting of the Modifications would not be detrimental to the public good and:
The request satisfies Modification Criteria (2.8.2(H)(1):
The plan as submitted will promote the general purpose of the standard for which the
modification is requested equally well or better than would a plan which complies with the
standard for which a modification is requested, because the Boxelder Creek corridor will
provide an enhanced value landscape buffer that will protect views to and from the
development.
Complies
with ODP
Modification
5. Article 4 – Applicable Standards
A. SUMMARY
The single-family land use proposed in with phase two is consistent with the purpose of the L-M-N district by
providing a predominance of low density housing with fully integrated small neighborhood parks within the pattern
of streets and blocks.
B. DIVISION 4.5 – LOW DENSITY MIXED-USE NEIGHBORHOOD DISTRICT (L-M-N)
Applicable
Code
Standard
Summary of Code Requirement and Analysis Staff
Findings
4.5(B)(2)(a)(1)
Permitted
Uses
Single family detached dwellings are a permitted use in the L-M-N District subject to
administrative review.
Complies
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4.5(D)(1)
Density
This section was addressed with the ODP through the approval of a modification.
This standard typically requires that residential density on projects that are part of Project
Development Plans or Overall Development Plans containing more than 20 acres have a
density not less than 4.00 dwelling units per gross acre and not greater than 9.00
dwelling units per net acre.
A Modification of Standard was approved with the ODP to Section 4.5(D)(1)(a) allowing
the project to provide an overall minimum of 3.00 units per gross acre.
Phase one of the Overall Development Plan provided 67 units for a density of 3.06
dwelling units per gross acre, which complied with the Modification of Standard approved
with the ODP.
Phase two also complies, providing 47 units for a density of 3.35 dwellings units per
gross acre.
Complies
4.5(D)(2)
Mix of
Housing
This standard requires a minimum of four housing types on any overall project containing
30 acres or more.
The following list of housing types shall be used to satisfy this requirement:
1. Single-family detached dwellings with rear loaded garages.
2. Single-family detached dwellings with front or side loaded garages.
3. Small lot single-family detached dwellings (lots containing less than four
thousand [4,000] square feet or with lot frontages of forty [40] feet or less) if
there is a difference of at least two thousand (2,000) square feet between the
average lot size for small lot single-family detached dwellings and the average
lot size for single-family detached dwellings with front or side loaded garages.
4. Two-family dwellings.
5. Single-family attached dwellings.
6. Mixed-use dwelling units.
7. Multi-family dwellings containing more than three (3) to four (4) units per
building;
8. Multi-family dwellings containing five (5) to seven (7) units per building.
9. Multi-family dwellings containing more than seven (7) units per building
(limited to twelve [12] dwelling units per building).
10. Mobile home parks.
A Modification of Standard was approved with the ODP to reduce the required four
housing types to provide one housing type (single-family detached). The phase two PDP
utilizes the modification by providing only single-family detached housing. As part of the
Modification, additional housing models (seven total) are required, which are distributed
throughout both phases of the ODP.
Complies
with ODP
Modification
4.5(D)(6)
Small
Neighborhood
Park
This standard requires that small neighborhood parks be provided equaling at least one
acre in size. This park requirement was identified with the ODP and addressed with the
phase one PDP. Three parks in phase one have been constructed in Outlots C, D and H.
The three parks meet all design and location criteria of this section and provide 1.76
acres, exceeding the minimum acre requirement.
Complies
PDP190002 | Fox Grove Phase 2
September 16, 2019 | Page 10 of 10
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6. Findings of Fact/Conclusion
In evaluating the request for the Fox Grove Phase Two Project Development Plan, PDP190002, staff makes the
following findings of fact:
• The Fox Grove Phase Two PDP complies with process located in Division 2.2 – Common Development
Review Procedures for Development Applications of Article 2 – Administration.
• The Fox Grove Phase Two PDP complies with the relevant standards located in Article 3 – General
Development Standards, with a Modification of Standard approved with the Fox Grove Overall Development
Plan for Section 3.9.2(A).
• The Fox Grove Phase Two PDP complies with relevant standards located in Division 4.5, Low Density Mixed-
Use Neighborhood (L-M-N) of Article 4, with Modification of Standards approved with the Fox Grove Overall
Development Plan for Sections 4.5(D)(1)(a) and 4.5(D)(2).
• The Fox Grove Phase Two PDP complies with the approved Fox Grove Overall Development Plan.
7. Recommendation
Staff recommends approval of the Fox Grove Phase Two Project Development Plan, PDP190002 based on the
Findings of Fact in this staff report.
8. Attachments
1. Vicinity Map
2. Zoning Map
3. Site plan color rendering
4. Approved Overall Development Plan (ODP)
5. Site and Landscape Plan
6. Plat
7. Traffic Impact Memo
8. Prairie Dog Acceptance Letter
9. Ecological Characterization Study (ECS)
10. Letter to staff regarding pedestrian connections
11. Phase two utility plans
12. Phase one plat
13. Phase one site and landscape plan
14. Fox Grove ODP staff report
3.6.4
Transportation
Level of
Service
Requirements
The Traffic Operations and Engineering Departments have reviewed the Transportation
Impact Study that was submitted to the City for review and have determined that the
vehicular, pedestrian and bicycle facilities proposed with this PDP are consistent with
the standards contained in Part II of the City of Fort Collins Multi-modal Transportation
Level of Service Manual.
Complies
movement along Boxelder Creek, removing noxious weed species, adding several native
plant species and preserving Boxelder corridor topography. The proposed pedestrian
walkways and trails align with the Nature in the City Strategic Plan by providing residents
with appropriate access to nature, including nature-viewing opportunities and in keeping
waterways open rather than piped. Staff has determined this proposed PDP satisfies the
applicable standards set forth in LUC 3.4.1.
Complies
3.2.3(C) Solar-
Oriented
Residential
Lots
This standard requires that 65% of the lots be solar-oriented. 50 of the 67 lots from
phase one are solar oriented. Phase two includes 25 solar-oriented lots. A total of 75
solar-oriented lots are provided for phases one and two -- 66% overall.
Complies
3.3.1 Plat
Standards
All lots have direct access to a public street. The layout of roads, driveways, utilities,
drainage facilities, and other services are designed in a way that enhances an
interconnected system within and between potential future development to the south.
The plat demonstrates proper dedication of public rights-of-way, drainage easements,
public trail and utility easements that are needed to serve the area being developed.
Complies