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Home My WebLink AboutREGISTRY RIDGE SIXTH FILING (FIFTH FILING, FIRST REPLAT) - MAJOR AMEND. - MJA120002 - DECISION - CORRESPONDENCE-HEARINGRegistry Ridge Sixth Filing, Major Amendment, # MJA120002 Administrative Hearing Findings, Conclusions, and Decision August 1, 2012 Page 7 of 9 The Registry Ridge Sixth Filing, Major Amendment, # MJA120002 is hereby approved by the Hearing Officer without condition, dated this 1 day of August, 2012, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Pete Wray, Senior City Planner Registry Ridge Sixth Filing, Major Amendment, # MJA120002 Administrative Hearing Findings, Conclusions, and Decision August 1, 2012 Page 6of9 The applicant shall design and construct the pedestrian trail in this Project Development Plan to connect with the existing pedestrian trail in Tract E of the Corrected Registry Ridge First Filing PUD, and provide a segment of pedestrian trail (located between proposed Lots 4 and 5) to tie in with the planned trail system in the adjacent neighborhood park. Compliance with the approved Registry Ridge Fifth Filing: The proposed Major Amendment provides the pedestrian connection that is required in the Registry Ridge Fifth Filing condition of approval. The approved density modification is no longer relevant because the proposal of 5.5 dwelling units per net acre is in compliance with the current LUC standards of a minimum of 3 dwelling units per net acre and a maximum of 9 dwelling units per gross acre. The modification for solar - oriented is still relevant as the site layout has not changed FINDINGS OF FACT / CONCLUSIONS: After reviewing the Registry Ridge Sixth Filing, Major Amendment (MA), staff makes the following findings of fact and conclusions: ■ The MA is in compliance with the process located in Division 2.2 - Common Development Review Procedures for Development Applications of ARTICLE 2 - ADMINISTRATION; • The MA is in compliance with the standards located in Division 3.2 - Site Planning and Design Standards, and 3.5 Housing Model Variety and Residential Building Setbacks; ■ The MA is in compliance with the standards required in Division 4.5 — Low Density Mixed -Use Neighborhoods of ARTICLE 4 — DISTRICTS; and ■ The MA is in compliance with the approved Registry Ridge Fifth Filing to provide a pedestrian connection. STAFF RECOMMENDATION: Staff recommends approval of the Registry Ridge Sixth Filing, Major Amendment, # MJA120002. DECISION The Hearing Officer agrees with the staff recommendation on this project. Registry Ridge Sixth Filing, Major Amendment, # MJA120002 Administrative Hearing Findings, Conclusions, and Decision August 1, 2012 Page 5 of 9 The proposed site plans are in compliance with the above standards. These standards will be confirmed as building permits are requested through zoning review. 4. Compliance with Applicable Article 4 — Low Density Mixed -Use Neighborhoods (LMN) Zone District Standards: A. Permitted Uses (4.5(B) Single-family attached dwellings are permitted subject to administrative review (Type 1). The replatting of an already approved subdivision is required to be processed as a Major Amendment (Type 1) per Sec. 2.2.10. B. Density (4.5(D)(1) Residential development proposals, containing twenty acres or less, shall have an overall minimum average density of three dwelling units per net acre, and shall have a maximum density of nine dwelling units per gross acre. The proposed Minor Amendment provides 5.5 dwelling units per net acre and 3.8 dwelling units per gross acre. C. Mix of Housing (4.5(D)(2) (a) A minimum of three (3) housing types shall be required on any project development plan containing twenty (20) acres or more. The proposed Minor Amendment contains only 7.4 gross acres and therefore this standard is not applicable. Nonetheless, the proposal provides four different housing models. D. Maximum Residential Building Height (4.5(E)(3) The maximum height of one-, two- and three-family dwellings shall be two and one-half (2.5) stories. All proposed single-family dwelling models are in compliance as measured per Sec. 3.8.17. The condition of the Fifth Filing approval is: Registry Ridge Sixth Filing, Major Amendment, # MJA120002 Administrative Hearing Findings, Conclusions, and Decision August 1, 2012 Page 4 of 9 fortyfoot spacing requirement. Such street trees shall be placed at least eight (8) feet away from the edges of driveways and alleys, and forty (40) feet away from any streetlight and to the extent reasonably feasible, be positioned at evenly spaced intervals. The proposed subdivision has detached sidewalks and the vast majority of the lost measure between 40 and 60 feet in street frontage. The street trees provided adequately meet this standard (see landscape plan). B. Residential and Institutional Parking Requirements (3.2.2(K)(1) (c) Single -Family Detached: For each single-family dwelling there shall be one (1) parking space on lots with greater than forty (40) feet of street frontage or two (2) parking spaces on lots with forty (40) feet or less of street frontage. Each lot in the proposed subdivision provides on -site parking for three vehicles: one in the driveway and another two in the garage. C. Housing Model Variety (3.5.2(B) (1) Any development of fewer than one hundred (100) single-family or two-family dwelling units shall have at least three (3) different types of housing models. The applicant shall include in the application for approval of the project development plan documentation showing how the development will comply with the foregoing requirement. (2) Each housing model shall have at least three (3) characteristics which clearly and obviously distinguish it from the other housing models, including different floor plans, exterior materials, roof lines, garage placement, placement of the footprint on the lot, and/or building face. The proposed subdivision provides four different models of single-family dwelling differing in footprint, floor plans, materials, garage placement, and roof lines (see attachment). D. Residential Building Setbacks, Lot Width and Size (3.5.2(D) The required minimum setback for a residential building is 15 feet from the public street (ROW) and for garage doors the minimum setback is 20 feet from a public sidewalk. Registry Ridge Sixth Filing, Major Amendment, # MJA120002 Administrative Hearing Findings, Conclusions, and Decision August 1, 2012 Page 3 of 9 1. Background The surrounding zoning and land uses are as follows: North: LMN; Single-family dwellings South: LMN; Single-family dwellings and neighborhood park East: LMN; Single-family dwellings West: LMN; Single-family dwellings and neighborhood park The property was annexed in October, 1981, as part of the Trilby Heights Fourth Annexation. The property was originally platted as Tract C of the Corrected Registry Ridge First Filing PUD in May, 2000. 2. Compliance with Applicable Article 2 — Administration: The Registry Ridge Sixth Filing, Major Amendment complies with the applicable requirements of the Land Use Code, including the procedural requirements located in Division 2.2 — Common Development Review Procedures for Development Applications, and Division 2.2.10,(B) — Major Amendments. A. Neighborhood Meeting and Notification Single-family attached dwellings are permitted in LMN, subject to an Administrative (Type 1) Review and Public Hearing. According to Land Use Code Section 2.2.2(B), neighborhood meetings are mandatory only for proposals subject to Planning and Zoning Board review. Therefore, a neighborhood meeting was not required, nor held, for this project. Additionally, no written comments from the public have been received by the planner regarding this project. The project has had a sign posted and this hearing was noticed properly. 3. Compliance with Applicable Article 3 General Development Standards: A. Street Trees (3.2.1(D)(2) (a) Wherever the sidewalk is separated from the street by a parkway, canopy shade trees shall be planted at thirty-foot to fortyfoot spacing (averaged along the entire front and sides of the block face) in the center of all such parkway areas. If two (2) or more consecutive residential lots along a street each measure between forty (40) and sixty (60) feet in street frontage width, one (1) tree per lot may be substituted for the thirty-foot to Registry Ridge Sixth Filing, Major Amendment, # MJA120002 Administrative Hearing Findings, Conclusions, and Decision August 1, 2012 Page 2 of 9 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. PUBLIC HEARING The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 5:15 p.m. on July 26, 281 N. College Ave, Fort Collins, Colorado, in Conference Room A. 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: Seth Lorson, City Planner From the Applicant: Fred Cooke, 550 Lincoln Ave, #309, Loveland, CO 80537 Sam Eliason, 529 Crestmore PI., Fort Collins, CO 80521 From the Public: None Written Comments: None FACTS AND FINDINGS CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE 1 ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: PROJECT NAME: CASE NUMBER: APPLICANT: HEARING OFFICER: PROJECT DESCRIPTION: July 26, 2012 Registry Ridge Sixth Filing, Major Amendment MJA120002 Registry Ridge Filing 5 Partners, LLC C/O Fred Cooke 550 North Lincoln Avenue, #309 Loveland, CO 80537 Fred Cooke 550 North Lincoln Avenue, #309 Loveland, CO 80537 Pete Wray Senior City Planner This is a proposal to replat the existing 6.016 acres of Registry Ridge Fifth Filing, reconfiguring the number of lots from 27 to 28 single-family lots. The reconfiguration of the plat is proposed in order to develop more suitable stormwater drainage. In 2007, Registry Ridge Fifth Filing was conditionally approved at a Type I hearing for 27 single-family lots in the Low Density Mixed -Use Neighborhood (LMN) zone district. The proposed replat is a Major Amendment to Registry Ridge Fifth Filing for 28 single- family lots oriented in similar fashion to the currently approved subdivision SUMMARY OF HEARING OFFFICER DECISION: ZONING DISTRICT: Low Density Mixed -Use Neighborhood (LMN) STAFF RECOMMENDATION: Approval