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HomeMy WebLinkAboutPROVINCETOWNE FILING FOUR - PDP - PDP110016 - DECISION - MINUTES/NOTESProjec Meeth Date: Administrative Public Hearing Sign -in PLEASE PRINT CLEARLY Name Address Phone Email E✓�72V5 ck Mo ,YAt� A,4E -cLA J 4�2 `?`l40 �(€ c, a �� E6 rov- Z82 Ao I Ga 06e0 quo- 722-i?t? eMe e —,Foe; (3) -1 3 - 9 a / o3lZ GNA�n�� 77rar l� cy3 go.23q Sao - - 133S e- I-Ico .Pi2Y 970-377-y!/ �thseo (lo 1/4 6 a 6jvNE - ')3L9 ,eooKEo u) 1 Rr7Q-a 'a,-"7 5 Qo1uvk3E H-Or A L9 CdM Provincetowne Filing Four Pruject Development Plan, # PDP110016 Administrative Hearing Findings, Conclusions, and Decision November 7, 2011 Page 5 of 5 1) The applicant has properly dedicated rights -of way (ROW) for public streets, access easements, drainage easements, and utility easements as needed to serve the area being platted. The ROW for Snowy Plain Road was previously dedicated by the Provincetowne Filing Three subdivision plat. The access, drainage, and utility easements necessary to serve these lots will be dedicated with the Provincetowne Filing Four subdivision plat, if approved and filed, or by separate document(s) as may be needed in the future. 5. ARTICLE 4 — Districts: The Provincetowne Filing Four, PDP complies with applicable Permitted Uses, Land Use and Development Standards in Division 4.5 Low Density Mixed -Use Neighborhood District.. SUMMARY OF CONCLUSIONS A. The Provincetowne Filing Four, PDP satisfies the procedural requirements located in Division 2.1 - General Procedural Requirements, Division 2.2 - Common Development Review Procedures for Development Applications and Section 2.4 - Project Development Plan. B. The Provincetowne Filing Four, PDP satisfies the applicable standards located in Section 3.2.1(D)(2)(a) - Street Trees and Section 3.3.1 - Plat Standards. C. The Provincetowne Filing Four, PDP satisfies applicable Permitted Uses, Land Use and Development Standards. DECISION The Provincetowne Filing Four Project Development Plan, # PDP110016, is hereby approved by the Hearing Officer without condition. Dated this 7th day of November 2011 per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Ted Shepard if Chief Planner Provincetowne Filing Four Project Development Plan, # PDP110016 Administrative Hearing Findings, Conclusions, and Decision November 7, 2011 Page 4 of 5 The subject property is part of the Provincetowne Amended ODP that was approved by the Planning and Zoning Board on December 16, 1996 for single family and multi -family residential, neighborhood commercial, and neighborhood parks and open space uses on 160.0 acres. The Board placed a limit of 955 residential dwelling units on the 160 acres, with a maximum residential density of 5.97 dwelling units per acre, on their approval. City Council upheld this decision at their public hearing on February 25, 1997. The subject property is Outlot A, Block 2 of Provincetowne Filing Three, PDP that was approved by the Director of Planning in November, 2006 and identified on the subdivision plat to be "Reserved by Owner for Future Development". 2. ARTICLE 2 - Administration: The Provincetowne Filing Four, PDP complies with the applicable requirements of Division 2.1 - General Procedural Requirements, Division 2.2 - Common Development Review Procedures for Development Applications, and Section 2.4 - Project Development Plan. 3. ARTICLE 3 - General Development Standards: The Provincetowne Filing Four, PDP complies with the applicable requirements of the Section 3.2.1(D) Street Trees and the plat requirements located in Section 3.3.1 - Plat Standards. A. The Landscape Plan is in compliance with Section 3.2.1(D)(2)(a) Because two (2) or more consecutive residential lots along a street (in this case all 11 lots) each measure between forty (40) and sixty (60) feet in street frontage width, one (1) tree per lot is being substituted for the thirty-foot to forty -foot spacing requirement. B. The subdivision plat is in compliance with Section 3.3.1(A) C. The subdivision plat is in compliance with Section 3.3.1(B) 1) The lots have direct vehicular access to a public street (Snowy Plain Road). Lots 1 - 11 front on the street. The side lot lines are substantially at right angles or radial to the street lines. 2) The general layout of lots, roads, driveways, utilities, drainage facilities and other services to the property have been previously established in the surrounding residential neighborhood. D. The subdivision plat is in compliance with Section 3.3.1(C) Provincetowne Filing Four Project Development Plan, # PDP110016 Administrative Hearing Findings, Conclusions, and Decision November 7, 2011 Page 3 of 5 FACTS AND FINDINGS EXECUTIVE SUMMARY: This request is to plat 8.34 acres into 11 single-family residential lots and Outlot A. This is a replat of Outlot A of Provincetowne Filing Three. The request complies with: Procedural requirements per Division 2.1 - General Procedural Requirements, Division 2.2 - Common Development Review Procedures for Development Applications and Division 2.4 - Project Development Plan, - Landscape and plat requirements per Section 3.2.1(D)(2)(a) Street Trees and Section 3.3.1 - Plat Standards; and, the applicable Land Use and Development Standards; Land use and development standards per Division 4.5 Low Density Mixed -Use Neighborhood. COMMENTS: 1. Background: The surrounding zoning and land uses are as follows: N: LMN: single-family residential (Provincetowne Filing Three) S: POL: City -owned property (Pelican Marsh Natural Area, undeveloped land) E: LMN: single-family residential (Provincetowne Filing Three) W: LMN, POL: single-family residential (Provincetowne Filing Three); City -owned property (Pelican Marsh Natural Area, undeveloped land) The subject property was annexed into the City as part of the Halcyon Annexation in December, 1980. The subject property was part of the original Provincetowne PUD Master Plan that was approved by the Planning and Zoning Board in November, 1982 for single family and multi -family residential, commercial, park, and industrial uses on 410 acres. The subject property was part of the Amendment to the Provincetowne Overall Development Plan (ODP) that was approved by the Planning and Zoning Board on October 26, 1987 for single family and multi -family residential, church, business service, neighborhood and regional shopping, and recreational uses on 426 acres. The Planning and Zoning Board approved the Second Amendment to the Provincetowne ODP on September 27, 1993 for the purpose of allowing multi -family residential on a portion of Tract B, previously approved for single family residential. This approval changed 7.64 acres (located at the southwest corner of South Lemay Avenue and Trilby Road) of the overall 30.14 acre Tract B from a single family to multi -family use. Provincetowne Filing Four Project Development Plan, # PDP110016 Administrative Hearing Findings, Conclusions, and Decision November 7, 2011 Page 2 of 5 PUBLIC HEARING The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 4:30 p.m. on November 2, 2011 in Conference Room A at 281 North College Avenue, Fort Collins, Colorado. HEARING TESTIMONY, WRITTEN COMMENTS AND OTHER EVIDENCE The Hearing Officer accepted during the hearing the following evidence: (1) Planning Department Staff Report; (2) application, plans, maps and other supporting documents submitted by the applicant and the applicant's representatives to the City of Fort Collins; (3) a sign up sheet of persons attending the hearing; and (4) a tape recording of the hearing. The LUC, the City's Comprehensive Plan (City Plan), and the formally promulgated policies of the City are all considered part of the evidence considered by the Hearing Officer. The following is a list of those who attended the meeting From the City: Steve Olt, City Planner From the Applicant: Cole Evans, Provincetowne West LLC, 2725 Rocky Mountain Avenue, #200, Loveland, CO 80538 John Meyers, JR Engineering, P.O. Box 1282, Ault, CO 80610 Lee Martin, Vignette Studios, P.O. Box 1889, Fort Collins, CO 80522-1889 Mike Steinmetz, 2535 W. 1151h Drive, Westminster, CO 80234 From the Public: Larry and Cherie Evans, 7327 Crooked Arrow Lane, Fort Collins, CO 80525 Hiram and Bev Garber, 804 Crooked Creek Way, Fort Collins, CO 80525 Donald Venneberg, 7315 Crooked Arrow Lane, Fort Collins, CO 80525 Written Comments: None CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE PROJECT NAME: CASE NUMBER: APPLICANT: OWNER: HEARING OFFICER: PROJECT DESCRIPTION: November 2, 2011 Provincetowne Filing Four Project Development Plan #PDP110016 Provincetowne West LLC c/o Cole Evans 2725 Rocky Mountain Avenue Loveland, Colorado 80538 Same as Applicant Ted Shepard Chief Planner This request is to plat 8.34 acres into 11 single-family residential lots and Outlot A. Lots 1 — 11 will range in size from 6,932 square feet to 9,944 square feet (similar to existing lots in the area) and Outlot A will be 279,590 square feet (6.42 acres) in size. This is actually a replat of Outlot A of Provincetowne Filing Three. This proposed project is located on the southwest side of Snowy Plain Road, across from White Goose Way and Shadow Ridge Drive in the Provincetowne development. The property is zoned LMN, Low Density Mixed -Use Neighborhood in the City of Fort Collins. SUMMARY OF HEARING OFFICER DECISION: ZONING DISTRICT: LMN, Low Density Mixed -Use Neighborhood NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established no controversy or facts to refute that the hearing was properly posted, legal notices mailed and notice published. Planning, Development & Transportation Services Fort Collins November 7, 2011 Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.416.2740 970.224.6134- fax fcgov.com Attendee of the Provincetowne Filing Four Project Development Plan, # PDP110016 Public Hearing, Please find attached to this letter a copy of the Type I Administrative Hearing Findings, Conclusions and Decision for the Project Hearing of the Provincetowne Filing Four Project Development Plan, # PDP110016. Pursuant to Section 2.2.7(D) of the Fort Collins Land Use Code, this Decision has been mailed to the applicant and any person who attended and/or provided testimony at the public hearing held on November 2, 2011. This final decision of the Administrative Hearing Officer may be appealed to the City Council, in accordance with Chapter 2, Article ll, Division 3 of the City Code, within 14 calendar days of the date of final action November 7, 2011 by the Hearing Officer. The deadline to file an appeal is 5:00 p.m. on November 21, 2011. Guidelines explaining the appeal process, including the Code provisions previously referenced, can be found online at fcgov.com/cityclerk/appeals.php, or may be obtained in the City Clerk's Office at 300 LaPorte Avenue. If you have any questions about the attached Decision or the appeal process, please contact me at 970-221-6343. Sincerely, Ted Shepard Chief Planner