HomeMy WebLinkAboutREPLAT OF PARAGON POINT PUD PHASE FIVE - 48 91M - DECISION - HEARING OFFICER DECISIONCity of Fort Collins
Commui. f Planning and Environmental'; vices
Advance Planning Department
CITY OF FORT COLLINS
ADMINISTRATIVE HEARING OFFICER
TYPE I ADMINISTRATIVE HEARING
FINDINGS, CONCLUSIONS AND DECISION
HEARING OFFICER: Ken Waido
Chief Planner Advance Planning Department
PROJECT NAME: Replat of Paragon Point PUD, Phase Five
CASE NUMBER: 45-91M
APPLICANT: TST Consulting Engineers
c/o Shar Shadowen
748 Whalers Way, Building D
Fort Collins, CO 80525
PROJECT DESCRIPTION: Request to replat the existing project, consisting of 20
multi -family lots for duplex and four-plex dwelling
units, to a new lot configuration allowing 20 lots for 10
duplex buildings (20 dwelling units).
SUMMARY OF RECOMMENDATION AND DECISION.
Staff recommendation:
Hearing Officer Decision:
ZONING DISTRICT:
Approval.
Approval.
RL, Low Density Residential
NOTICE OF PUBLIC HEARING: Notice of public hearing was made on March 17,
1998, by mailing to property owners within 500 feet of
the subject property.
The public hearing was advertised in the Coloradoan
on March 25, 1998.
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6376
FAX (970) 224-6111 • TDD (970) 224-6002 • E-mail: aplanning@ci.fort-collins.co.us
PUBLIC HEARING
After reviewing the Staff Report and recommendation, a public hearing was held on the
subject application at 1:30 PM on April 2, 1998. The hearing was held in Conference
Room 281-D at 281 North College Avenue, Fort Collins, Colorado.
HEARING TESTIMONY, WRITTEN COMMENTS AND OTHER EVIDENCE:
The following is a list of those who spoke at the meeting.
From the City: Steve Olt, City Planner
From the applicant: Brad Saucerman, Jim Sell Design
Scott McDonald, Parkside Homes
Shar Shadowen, TST Consulting Engineers
From the Community: None
Written Comments: None
Community Concerns: None
City Response: None
Applicant Response: None
BACKGROUND
The surrounding zoning and land uses are as follows:
N: RL - Low Density Residential; existing single family and two-family
residential (Paragon Point PUD, Phase Four)
S: LMN - Low Density Mixed Use Neighborhood; planned mixed density
residential (Stanton Creek, Filing One under construction)
E: RL - Low Density Residential; existing wetland, natural area (Paragon Point
Overall Development Plan)
W: LMN - Low Density Mixed Use Neighborhood; undeveloped (Brittany Knolls
Overall Development Plan)
The property was annexed into the City as part of the Kroepel Annexation in
1980.
The Paragon Point Overall Development Plan (ODP) was approved by the
Planning and Zoning Board on December 16, 1991 for 355 single family and
multi -family dwelling units, commercial uses, parkland, and open space on 148
acres. The subject site was Parcel A of the ODP, approved for commercial uses
on 3 acres.
The Amended Paragon Point ODP was approved by the Planning and Zoning
Board on August 2, 1993 and Parcel A was amended from 3 acres of commercial
uses to 2.2 acres of multi -family residential. Parcel A was determined to be able
to support a maximum of 21 dwelling units.
Paragon Point PUD, Phase Five - Preliminary was approved by the Planning and
Zoning Board on March 27, 1995 for 8 duplex lots and 12 four-plex lots (total of
20 dwelling units) on 3.18 acres.
The Paragon Point PUD, Phase Five - Final was approved by the Planning and
Zoning Board on July 24, 1995, for 8 duplex lot and 12 four-plex lots (a total of 20
dwelling units) on 3.18 acres.
The request for a Replat of Paragon Point PUD, Phase Five is in accordance with
City Ordinance No. 161, 1996, providing for the review and processing of pending
land use applications and establishing a temporary delay in the acceptance of
certain land use applications through March 28, 1997. Section 3 of the Ordinance,
in part, states that:
If the City has approved an overall development plan or preliminary plan
prior to the effective date of this Ordinance and, prior to said date, has also
approved a final plan for a portion of the real property covered by said
overall development plan or preliminary plan, the owner or developer of
such property shall have a period of 3 years from the effective date of this
Ordinance if the overall development plan consists of an area over 100
acres; provided, however, that prior to March 28, 1997, the property owner
or developer has completed, in conformance with all relevant City rules and
regulations, the installation of all infrastructure improvements (including
water, sewer, street, curb and gutter, sidewalks, bike paths, light, fire
hydrants and storm drainage) needed to serve not less than 20% of the
gross acreage of the entire property covered by the overall development
plan.
Any applications for preliminary or final PUD plans or subdivision plats that
are timely filed in accordance with the provisions of this section shall be
processed and reviewed by City staff and/or the City's Planning and Zoning
Board under the currently existing applicable provisions of the City Code,
provided that the Director has determined that all relevant submittal
requirements for such applications have been satisfied. Such applications,
once filed, shall not be modified or supplemented by the applicant without
written approval of the Director, and the same shall be reviewed by City
staff and/or the Planning and Zoning Board at such time as the Director
may deem appropriate unless they have been withdrawn by the applicant.
The Director shall permit all such modifications of, or additions to, an
application as may be approved by the Planning and Zoning Board, as well
as such modifications or additions that the Director determines, in his or
her discretion, will better advance the objectives of the currently existing
applicable provisions of the City Code or the new Land Use Code.
The Replat of Paragon Point PUD, Phase Five is a part of the 148 acre Paragon
Point ODP, with the five phases of the ODP having received final approval from
the Planning and Zoning Board. All of the infrastructure for Phases One through
Four, exceeding 75% of the ODP, has been completed. The replat does not
propose either an increase or decrease in the number of lots, dwelling units, or
gross density of the project. The Director has determined that this request will
better advance the objectives of the currently existing applicable provisions of the
City Code [in this case, the Land Development Guidance System (LDGS)].
The Replat of Paragon Point PUD, Phase Five has been reviewed against the
criteria of the Transitional Land Use Regulations (formerly Articles I through V of
Chapter 29 of the City Code), specifically Sections 29-131 through 29-134
regarding the Low Density Residential Zoning District and Article V. Subdivisions.
The list of permitted uses in the RL District, as defined in Section 29-132 of the
Code, does not include duplex units and the minimum lot size, as defined in
Section 29-133 of the Code, is 6,000 square feet. The lots in this replat of
Paragon Point PUD, Phase Five are proposed to be 2,772 to 4,600 square feet in
size. The lots approved with the original Paragon Point PUD, Phase Five final
plan are between 1,810 and 4,650 square feet in size. Section 29-134. Planned
Unit Developments of the Code states:
"Development of areas in the RL District as a Planned Unit Development
plan as defined, processed and approved according to Section 29-526 may
vary the requirements of this Subdivision".
Section 29-526 is the Planned Unit Development section of City Code, with
criteria set forth in the LDGS. The Paragon Point PUD, Phase Five final
development plan was processed and approved according to the criteria of the
LDGS, thereby granting variances to the land uses to allow duplex units and to
the minimum lot size requirement of 6,000 square feet. This request is in
conformance with the approved final PUD plan.
FINDINGS. CONCLUSIONS AND DECISION
FINDINGS AND CONCLUSIONS
After reviewing the staff report and the record of the public hearing, the Hearing Officer
makes the following findings and conclusions:
A. The request complies with the land development standards of the RL - Low
Density Residential Zoning District.
B. The request is in accordance with City Ordinance No. 161, 1996.
C. The request complies with the applicable Plat Standards of the Transitional
Land Use Regulations as set forth in Article V. Subdivisions.
D. The request is in substantial conformance with the approved Amended
Paragon Point ODP and the Paragon Point PUD, Phase Five final plans.
DECISION
Based on the findings and conclusions, the request to replat the existing Paragon Point
PUD, Phase Five to a new lot configuration allowing for 20 lots for 10 duplex buildings
(20 dwelling units), File #48-91M is APPROVED.
Dated this 3rd day of April, 1998, per authority granted by Sections 1.4.9(E) and 2..1 of
the Land Use Code.
Kenneth G. Waido, Chief Planner
Advance Planning Department