HomeMy WebLinkAboutRIGDEN FARM, THE COLONY - PDP - 56-98AC - DECISION - FINDINGS, CONCLUSIONS & DECISION�-�-a-
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Rigden Farm 12`h Filing, The Colony, PDP (#56-98AC)
Administrative Hearing
Findings, Conclusions, and Decision
September 27, 2005
Page 9
SUMMARY OF CONCLUSIONS
The Rigden Farm 12t' Filing, The Colony, Project Development Plan complies with the
applicable requirements of the Land Use Code (LUC), more specifically:
A. The process located in Division 2.2 - Common Development Review Procedures
for Development Applications of ARTICLE 2 - ADMINISTRATION;
B. The standards located in Division 3.2 - Site Planning and Design Standards,
Division 3.3 — Engineering Standards, Division 3.5 - Building Standards, and
Division 3.6 — Transportation and Circulation of ARTICLE 3 - GENERAL
DEVELOPMENT STANDARDS; and
C. the proposed multi -family dwellings are permitted in Division 4.5 Medium Density
Mixed -Use Neighborhood District (MMN) of ARTICLE 4 — DISTRICTS, subject to
an administrative review.
DECISION
The Rigden Farm 12t' Filing, The Colony, PDP, #56-98AC, is hereby approved by the
Hearing Officer without condition.
Dated this 27th day of September, 2005, per authority granted by Sections
1.4.9(E) and 2.1 of the Land Use Code.
r
Interim Director of Cu
Rigden Farm 12`h Filing, The Colony, PDP (#56-98AC)
Administrative Hearing
Findings, Conclusions, and Decision
September 27, 2005
Page 8
This District is intended to function together with surrounding low density
neighborhoods (typically the LMN zone district) and a central commercial core
(typically a NC or CC zone district). The intent is for the component zone districts to
form an integral, town -like pattern of development, and not merely a series of
individual development projects in separate zone districts.
This proposal complies with the purpose of the MMN - District as it is an infill project that
provides multi -family dwellings (in two 24-plex buildings) on a property that is surrounded by
developed properties and undeveloped properties. There is existing multi -family residential to
the east and south. The property to the north is undeveloped and unplanned. The property to
the west is undeveloped; however, it is planned for multi -family residential (Rigden Farm,
11th Filing, Brooklyn Park Rowhouses).
Section 4.5(D) Land Use Standards
The proposal satisfies the applicable land use standards in the MMN — Medium Density
Mixed -Use Neighborhood Zoning District as follows:
Section 4.5(D) (1) Density. The Rigden Farm 12th Filing, The Colony, PDP
development proposal is for 48 residential dwelling units on a property that is 2.60
acres (gross & net) in size. The gross & net residential density is 18.5 dwelling units
per acre. The MMN District has a minimum density requirement of 12 dwelling units
per net acre of residential land. The project is considered to be in compliance with this
standard.
Section 4.5(E) Development Standards
The proposal satisfies the applicable development standards in the MMN — Medium Density
Mixed -Use Neighborhood Zoning District.
The weight of the evidence established that the project complies with the applicable
development standards including land use and density standards for the MMN Zone.
Rigden Farm 12t' Filing, The Colony, PDP (#56-98AC)
Administrative Hearing
Findings, Conclusions, and Decision
September 27, 2005
Page 7
Section 3.6.2. Streets, Streetscapes, Alleys and Easements
The proposal satisfies the applicable standards located in this section of the LUC.
Section 3.6.4. Transportation Level of Service Requirements
The proposal satisfies the applicable Transportation Level of Service standards (see the
attached Traffic Impact Study), including the following:
General Standard. This development proposal satisfies Section 3.6.4(8), which
requires that all development plans adequately provide vehicular, pedestrian and
bicycle facilities necessary to maintain the adopted transportation Level of Service
standards contained in Part II of the City of Fort Collins Multi -Modal Transportation
Level of Service Manual for the following modes of travel: Motor vehicle, bicycle and
pedestrian.
Based on the Staff Report and the evidence taken at the hearing, the Hearing Officer finds
that the project development plan complies with the applicable sections of Article 3, Divisions
3.2, 3.3, 3.4, 3.5, and 3.6 of the Land Use Code.
It was noted during the Hearing that the Applicant should coordinate landscape tree
installation with the adjacent project to the west in order to establish sufficient planting buffer
between the two parking lots of both projects and buildings on either side. Clarification of the
type and scope of the approved retaining wall along a portion of the west property line was
also noted during the Hearing. These two points are not conditions of approval of this project
development plan.
4. Compliance with Article 4.5 — Medium Density Mixed -Use Neighborhood District
Multi -family dwellings (residential uses) are permitted in the MMN — Medium Density Mixed -
Use Neighborhood Zoning District, subject to an administrative (Type 1) review. The MMN -
District is:
The MMN District is intended to be a setting for concentrated housing within easy
walking distance of transit and a commercial district. Secondarily, a neighborhood
may also contain other moderate -intensity complementary and supporting land uses
that serve the neighborhood. These neighborhoods will form a transition and a link
between surrounding neighborhoods and the commercial core with a unifying pattern
of streets and blocks. Buildings, streets, bike and walking paths, open spaces and
parks will be configured to create an inviting and convenient living environment.
Rigden Farm 12`" Filing, The Colony, PDP (#56-98AC)
Administrative Hearing
Findings, Conclusions, and Decision
September 27, 2005
Page 6
The proposal satisfies all applicable Building and Project Compatibility standards, more
specifically:
Architectural Character. The proposed residential buildings will be similar in height
(ranging from 35' to 40') to the existing and proposed residential buildings in areas in
close proximity to this development. They will reflect the proportions and roofline
articulation of those existing buildings. The roofs will be sloped, with significant
cornice features on the flat roofs. The living spaces will be on 3 stories.
Building Size, Height, Bulk, Mass, Scale. The proposed buildings will be similar in
height and massing to the existing residential buildings in the area. The massing of
the building fronts will be broken up with substantial wall plane variations, windows,
and varying roofline directions and heights.
Building materials. The proposed structures will consist of the following building
materials:
• The siding materials for the buildings will consist of cementitous 7" lap
hardboard siding and synthetic stone veneer.
• The roofing material will be a composite shingle.
• The colors for the siding and roofing materials will be determined with the Final
Plans.
These materials comply with the standard in Section 3.5.1(E) (1), which states:
Building materials shall either be similar to the materials already being used in
the neighborhood, or, if dissimilar materials are being proposed, other
characteristics such as scale and proportions, form, architectural
detailing, color and texture shall be utilized to ensure that enough similarity
exists for the building to be compatible, despite the differences in materials.
Section 3.5.2. Residential Building Standards
The Rigden Farm 12t' Filing, The Colony, PDP satisfies all Relationship of Dwellings to
Streets and Parking standards. The primary entries to the buildings face either Kansas
Drive, with direct pedestrian connections to a public sidewalk, or sidewalks with direct
connections to the public sidewalk along Custer Drive. Therefore, this proposal satisfies the
requirements set forth in Section 3.5.2(C).
D. Division 3.6 - Transportation and Circulation
Rigden Farm 12t' Filing, The Colony, PDP (#56-98AC)
Administrative Hearing
Findings, Conclusions, and Decision
September 27, 2005
Page 5
street parking is allowed for the multi -family residential, per Section 3.2.2(K) (1)
(b)•
• There will be 4 handicapped parking spaces as part of the total of 89 spaces,
satisfying the requirement set forth in Section 3.2.2(K) (5) (d).
• Section 3.2.2(K) (1) sets forth minimum parking requirements for residential
land uses. The minimum parking required for the project is as follows:
63 spaces for the proposed 36 2-bedroom dwelling units, at 1.75 spaces
per 2-bedroom unit.
24 spaces for the proposed 12 3-bedroom dwelling units, at 2.00 spaces
per 3-bedroom unit.
The minimum handicapped accessible parking required for the project is
4 spaces, at 1 space for 76 to 100 total spaces in the development.
Staff finds that the parking to be provided meets the minimum requirements of the
LUC for the proposed multi -family residential use in the development.
Setbacks. The development proposal satisfies the requirement set forth in Section
3.2.2(J) with regards to the minimum 5' landscaped setback area along a lot line
adjacent to any vehicular use area. The Landscape Plan shows a landscaped setback
area between the driveway / parking areas and the south and east property lines that
are 5'-0" in width. There will be a 6' high wood fence'along both these property lines.
Direct vehicular access to the residential buildings is from one curb cut on each side of
Kansas Drive, near the south property line of the development, into the parking lots for
Buildings A & B.
B. Division 3.3 - Engineering Standards
Section 3.3.1. Plat Standards
The proposal complies with the general plat requirements as set forth in this section.
Section 3.3.5. Engineering Design Standards
The project complies with all design standards, requirements and specifications for services
as stated in this section of the LUC.
C. Division 3.5 - Building Standards
Section 3.5.1. Building and Project Compatibility
Rigden Farm 12`h Filing, The Colony, PDP (#56-98AC)
Administrative Hearing
Findings, Conclusions, and Decision
September 27, 2005
Page 4
3. Compliance with Article 3 of the Land Use Code — General Development
Standards:
The Rigden Farm 12th Filing, The Colony, PDP development proposal meets all of the
applicable standards in ARTICLE 3 - GENERAL DEVELOPMENT STANDARDS of the
LUC. Of specific note are Division 3.2 - Site Planning and Design Standards, Division
3.3 — Engineering Standards, Division 3.5 - Building Standards, and Division 3.6 -
Transportation and Circulation. Further discussions of these particular standards follow.
A. Division 3.2 - Site Planning and Design Standards
Section 3.2.1. Landscaping and Tree Protection
The proposal satisfies the applicable Landscaping and Tree Protection standards,
including the following:
Street trees. The proposed street tree planting is in accordance with Section
3.2.1(D)(2)(a), providing shade trees at 30' to 35' on -center in the 6' wide parkway
(between curb and sidewalk) on both sides of Kansas Drive, a local street, and street
trees at 30' to 35' on -center in the 7' wide parkway along the south side of Custer
Drive.
Parking lot landscaping - perimeter. Perimeter parking lot landscaping for this
project is in accordance with the standards set forth in Section 3.2.1(E)(4)(a). There
will be a combination of deciduous and evergreen shrubs along the driveway and
parking spaces adjacent to Custer Drive that will provide sufficient screening of these
areas from the street.
Parking lot landscaping - interior. Interior parking lot landscaping for this project is
in accordance with the standards set forth in Section 3.2.1(E) (5).
Section 3.2.2. Access, Circulation and Parking
The proposal satisfies the applicable Access, Circulation and Parking standards, including
the following:
Required number of parking spaces. The development proposal satisfies the
parking requirements set forth in the LUC for the residential uses in this project.
• There are a total of 73 proposed surface parking spaces on -site. There will be
16 on -street parking spaces on Kansas Drive in front of the buildings. The on-
Rigden Farm 12`h Filing, The Colony, PDP (#56-98AC)
Administrative Hearing
Findings, Conclusions, and Decision
September 27, 2005
Page 3
FACTS AND FINDINGS
1. Compatibility with Surrounding Uses:
The surrounding zoning and land uses are as follows:
N: MMN; undeveloped
E: MMN; existing multi -family residential (Rigden Farm, 7th Filing - The Willow)
S: LMN; existing multi -family residential (Rigden Farm, 7th Filing - The Willow)
W: MMN; undeveloped, planned multi -family residential (Rigden Farm, 11th Filing -
Brooklyn Park Rowhouses)
The property was annexed as part of the Timberline Annexation in November, 1997.
The property is part of Parcel E of the Rigden Farm Overall Development Plan (ODP) that
was approved by the Planning and Zoning Board in April, 1999. Parcel E was approved for
multi -family dwelling units. The property is part of Parcel E of the amended Rigden Farm,
ODP that was approved by Minor Amendment in November, 2002. Parcel E is approved for
multi -family dwelling units. The property has not previously been subdivided.
2. Compliance with Article 2 Administration:
This PDP complies with the applicable requirements of the LUC, specifically 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 in Article 2 - Administration.
The proposed development is for multi -family dwellings, which are permitted uses in the
MMN - Medium Density Mixed -Use Neighborhood Zoning District, subject to an
administrative (Type 1) review and public hearing. The LUC does not require that a
neighborhood meeting be held for development proposals that are not subject to a Planning
and Zoning Board (Type 2) review. Therefore, a City -sponsored and facilitated neighborhood
information meeting was not held for the Rigden Farm 12th Filing, The Colony, PDP
development proposal.
Rigden Farm 12`" Filing, The Colony, PDP (#56-98AC)
Administrative Hearing
Findings, Conclusions, and Decision
September 27, 2005
Page 2
STAFF RECOMMENDATION: Approval
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 3:30 p.m. on September 13, 2005 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 testimony
provided during 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:
Lee Watkins, J R Engineering
Matt Jeakins, Jeakins Construction
From the Public:
None Present
Written Comments:
None
Community Planning and Environmenta. Services
Current Planning
Citv of Fort Collins
CITY OF FORT COLLINS
ADMINISTRATIVE HEARING OFFICER
TYPE I ADMINISTRATIVE HEARING
FINDINGS, CONCLUSIONS AND DECISION
ADMINISTRATIVE HEARING DATE: September 13, 2005
PROJECT NAME:
CASE NUMBER:
APPLICANTS:
OWNERS:
HEARING OFFICER:
PROJECT DESCRIPTION:
Rigden Farm 12t' Filing,
The Colony, Project Development Plan
#56-98AC
J R Engineering
c/o Lee Watkins
2620 E. Prospect Road, Suite 190
Fort Collins, CO. 80525
Reno Cappelli
25338 Foothills Drive
Golden, CO 80401
Pete Wray
Interim Director of Current Planning Director
This is a request for a total of forty-eight (48) dwelling units on 2.60 acres. There will be two
(2) buildings, each containing twenty-four (24) dwelling units, with each unit containing 2 or 3
bedrooms. The buildings will be 3 stories high, with varying roof heights ranging from 35' to
40'. This proposed project is located on the south side of Custer Drive at Kansas Drive in the
Rigden Farm mixed -use development. Kansas Drive runs through the middle of the
development, north to south, between the two residential buildings. Proposed direct vehicular
access to the development site is from Kansas Drive.
SUMMARY OF HEARING OFFICER DECISION: Approval
ZONING DISTRICT: The property is zoned MMN, Medium Density Mixed -Use Residential.
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020