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HomeMy WebLinkAboutRIGDEN FARM, 7TH FILING, THE WILLOWS - PDP - 56-98N - DECISION - FINDINGS, CONCLUSIONS & DECISIONRIO�C1W �iCVA I �i )l W� J lyv"(►'l{5+vAti e_ ►tea �NeL, bO,- soV\ - T.- Taroy 7��s l a�Aid L0e-occ' ANGc R. -5,L�S/'�4--" 5(L^Q&,A / Tk.Q �ti'tijDc,�J �Aq-1�I 2q 1 Zoo I AA , 5 5 � '6Z Q \C BcCas 2sd A&7�ti City of Fort Collins -Type 1 Administrative Hearing Findings, Conclusions, and Decision Administrative Hearing Date: 11/29/01 Rigden Farm, 7th Filing, The Willow PDP - #56-98N December 12, 2001 Page 8 E. The alternative plan reflecting the alternative compliance request to Section 3.6.3 satisfies the purpose of the section equally well as a plan satisfying the standard because the proposed alternative plan provides a local street system that is well designed with regard to safety, efficiency and convenience for automobile, bicycle, pedestrian and transit modes of travel. DECISION The Rigden Farm, Seventh Filing, The Willow PDP, File #56-98N is hereby approved by the Hearing Officer without condition. DATED THIS 12th DAY OF DECEMBER, 2001. F Robert C. Widner, Hearing Officer RC W \57069.15\395 570.01 City of Fort Collins -Type 1 Administrative Hearing Findings, Conclusions, and Decision Administrative Hearing Date: 11/29/01 Rigden Farm, 7th Filing, The Willow PDP - #56-98N December 12, 2001 Page 7 pedestrian and transit modes of travel equally well as a plan and design that complies with the standard. e. Because of the location and design of the existing stormwater ponds on the north side of the Foothills Channel, there is only one location where a pedestrian connection across the channel is feasible, which would be roughly 430 feet west of the Rigden Parkway vehicular crossing. The alternative plan maintains access and circulation facilities for bicycles, pedestrians and transit to the maximum extent feasible in consideration of the physical restrictions on the development. f. The proposed alternative plan has less impact to the adjacent wetlands than would a plan that satisfies the standard. g. The proposed alternative plan provides for the distribution of the development's traffic without exceeding level of service standards. The Project Development Plan complies with all applicable requirements of Article 3 with the exception of two matters which are approved for alternative compliance. SUMMARY OF CONCLUSIONS A. The PDP is consistent with the Rigden Farm Overall Development Plan. B. The PDP complies with all applicable district standards of Section 4.4 of the Land Use Code, LMN Zone District. C. The Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code except where modifications to Section 3.5.2(D)(2) and Section 3.5.2(D)(3) were granted by the Planning and Zoning Board on 6/21/01, and where the alternative compliance to Sections 3.2.1(D)(2) & 3.6.3 are requested. D. The proposed alternative landscape plan reflecting the alternative compliance request to Section 3.2.1(D)(2) satisfies the purpose of the standard equally well or better than a landscape plan satisfying the standard. RCW \57069.15\395570.01 City of Fort Collins -Type 1 Administrative Hearing Findings, Conclusions, and Decision Administrative Hearing Date: 11/29/01 Rigden Farm, 7th Filing, The Willow PDP - #56-98N December 12, 2001 Page 6 The introduction of ornamental trees adds variety and interest to the streetscape with smaller trees, different textures and spring colors. Ornaments are used at entries and intersections throughout the project creating the intended theme. 2. Alternative to Street Pattern and Connectivity Standards — Section 3.6.3(F) requires one public street connection across the Foothills Channel in the section between the pedestrian bridge by the Pinecone Apartments and the street crossing at Rigden Parkway. The applicant proposes a PDP that has no channel crossings in this section. However, the LUC grants the hearing officer the authority to approve an alternative street pattern that may be substituted for a plan meeting the required standard provided the applicant can justify the alternative plan in accordance with the review criteria listed in the LUC. The Hearing Officer finds that the purpose of Section 3.6.3(A) of the LUC is stated as "to ensure that the local street system is well designed with regard to safety, efficiency and convenience for automobile, bicycle, pedestrian and transit modes of travel. Based on the evidence presented, the Hearing Officer finds as follows: a. The proposed alternative plan provides a local street system that is well designed with regard to safety for automobile, bicycle, pedestrian and transit modes of travel equally well as a plan and design that would fully comply with the standard. b. Automobile, bicycles, pedestrian, and transit modes of travel may safely use the proposed local street system to the same extent as these modes may use the required local street system. C. The proposed alternative plan provides a local street system that is well designed with regard to efficiency for automobile, bicycle, pedestrian and transit modes of travel equally well as a plan and design that complies with the standard. d. The proposed alternative plan provides a local street system that is well designed with regard to convenience for automobile, bicycle, RCW\57069.15\395570.01 City of Fort Collins -Type 1 Administrative Hearing Findings, Conclusions, and Decision Administrative Hearing Date: 11/29/01 Rigden Farm, 7th Filing, The Willow PDP - #56-98N December 12, 2001 Page 5 C. The proposed alternative landscape plan contributes to visual quality and continuity within and between developments better than a plan which complies with the standard. d. The visual variety within the development is enhanced by having ornamental trees which add interest to the streetscape by adding different textures and spring colors. The visual variety between developments is not affected by the request. e. The proposed alternative landscape plan provides screening and mitigation of potential conflicts between activity areas and site elements equally well as would a plan which complies with the standard. Screening and mitigation of potential conflicts between activity areas and site elements is not affected by the request. f. The alternative landscape plan reduces erosion and stormwater runoff equally well as a plan which complies with the standard. Erosion and stormwater runoff are not affected by the request. g. The proposed alternative landscape plan mitigates air pollution better than a plan which complies with the standard. The alternative landscape plan provides more trees than are required which would provide more oxygen production and filtering of air pollution than would a plan that complies with the standard. h. No natural areas or features are affected by the alternative compliance request. i. The proposed landscape plan and the use of ornamental trees diversifies the streetscape and still provides trees that reach 25 to 30 feet in canopy height. j. Neighborhood continuity and connectivity is not affected by the alternative compliance request. k. Non -vehicular access is not affected by the alternative compliance request. RCVN57069.15\395570.01 City of Fort Collins -Type 1 Administrative Hearing Findings, Conclusions, and Decision Administrative Hearing Date: 11/29/01 Rigden Farm, 7th Filing, The Willow PDP - #56-98N December 12, 2001 Page 4 statements and conclusion of the Staff Report concerning compliance or to otherwise refute the compliance with the Article 3 Standards. For these two requirements, the applicant is seeking approval of an alternative compliance. 1. Alternative Compliance to Street Tree Standards — Section 3.2.1(D)(2) requires that whenever the sidewalk is separated from the street by a parkway, canopy shade trees are to be planted at 30 to 40 feet spacings (averaged along the entire front and sides of the block face) in the center of such parkways, except that ornamental trees shall be substituted for the required canopy shade trees where overhead fixtures prevent normal growth and maturity. The proposed landscape plan does not satisfy this standard because there are a number of ornamental trees proposed as street trees in locations where there is not a conflict with overhead fixtures. However, Section 3.2.1(N) of the LUC grants the hearing officer the authority to approve an alternative landscape plan that may be substituted for a landscape plan meeting the required standard provided the applicant can justify the alternative plan in accordance with the review criteria listed in Section 3.2.1(N)(2) of the LUC. In reviewing the PDP and the applicant's request for approval of an alternative compliance, the Hearing Officer finds as follows based on the evidence presented: The Hearing Officer finds that the proposed alternative plan accomplishes the purpose of the requirements of Section 3.2.1 equally well or better than would a plan and design which complies with the standards of such section. In particular: a. The proposed alternative landscape plan ensures significant shading to reduce glare and heat build up better than a plan which complies with the standard. b. The landscape plan actually exceeds the number of trees required with the use of ornamental trees, so the proposed plan has more shade than a plan meeting the standard. RCw\57059.15\395570.01 City of Fort Collins -Type 1 Administrative Hearing Findings, Conclusions, and Decision Administrative Hearing Date: 11/29/01 Rigden Farm, 7th Filing, The Willow PDP - #56-98N December 12, 2001 Page 3 MMN Undeveloped phases of the Rigden Farm Development NW: MMN & NC Undeveloped phases of the Rigden Farm Development W: LMN Timberline Church (under construction) SW: LMN Foothills Drainage Channel MMN Pinecone Apartments (existing) RL Dakota Ridge Neighborhood (existing) S: LMN Foothills Drainage Channel, Rigden Farm 6th Filing (under review) E: LMN Neighborhood Center, approved filing 1 of Rigden Farm (under construction), Rigden Farm 6th filing (under review) NE: LMN Traffic circle at the intersection of Rigden Parkway and Custer Drive, Rigden Farm, Filing 5, Settler's Green (under construction), approved filing 1 of Rigden Farm (under construction) B. Compliance with the Overall Development Plan: The Rigden Farm Overall Development Plan was approved on April 15, 1999. This PDP includes the same property identified as "Parcel G" on the ODP. The ODP specifies that Parcel G is permitted for use with a minimum of 136 dwelling units and a maximum of 205 dwelling units. The applicant proposes 158 dwelling units. The PDP is therefore consistent with the use and density specified on the ODP. No evidence or testimony was presented that contradicted any aspect of conformance between the PDP and the ODP. C. Compliance with Article 4 and the. LMN District Standards: The Project Development Plan complies with all applicable requirements of Article 4 and the LMN zone district. The Staff Report summarizes the PDP's compliance with these standards and no specific evidence was presented to specifically and competently contradict the statements and conclusion of the Staff Report concerning compliance or to otherwise refute the compliance with Article 4 or the LMN district standards. D. Compliance with Article 3 — General Development Standards: With the exception of two requirements, no evidence was presented to contradict the RCW \57069.15\395570.01 City of Fort Collins -Type 1 Administrative Hearing Findings, Conclusions, and Decision Administrative Hearing Date: 11/29/01 Rigden Farm, 7th Filing, The Willow PDP - #56-98N December 12, 2001 Page 2 side property line. The applicant was granted a modification to increase the zero (0) foot side yard setback to a one (1) foot side yard setback to accommodate the roof overhangs while the other side yard setback continues to have a minimum of six (6) feet. SUMMARY OF HEARING OFFICER DECISION: Approval. ZONE DISTRICT: The parcel is zoned within the Low Density Mixed -Use Neighborhood (LMN) zone district. NOTICE OF PUBLIC HEARING AND NEIGHBORHOOD MEETING: Evidence presented to the Hearing Officer established no controversy or facts to refute that the hearing was properly posted, legal notice mailed, and notice published. PUBLIC HEARING: The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 6:00 p.m. on November 29, 2001 in Conference Room A of the City of Fort Collins Planning Department located at 281 North College Avenue, Fort Collins, Colorado. RECORD OF HEARING: 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 agents to the City of Fort Collins; (3) a sign-up sheet of persons attending the hearing and citizens speaking in favor of or against the application; and (4) a tape recording of testimony provided during the hearing. The Land Use Code for the City of Fort Collins ("LUC"), the City's Comprehensive Plan, and the formally promulgated policies of the City are all considered part of the evidence and the record considered by the Hearing Officer. FACTS AND FINDINGS A. Compatible with Surrounding Uses: The proposed development is adjacent to the following surrounding zoning districts and land uses: N: LMN Custer Drive, LaGrange Multifamily Housing at Rigden Farm PDP (under construction), Parkside West at Rigden Farm PDP (under construction) RCW \57069.15\395570.01 City of Fort Collins Community Planning and Environmental Services Current Planning CITY OF FORT COLLINS, COLORADO ADMINISTRATIVE HEARING OFFICER TYPE.1 ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS, AND DECISION ADMINISTRATIVE HEARING DATE: November 29, 2001 PROJECT: OWNER & APPLICANT: HEARING OFFICER: Rigden Farm, 7th Filing, The Willow Project Development Plan, File #56-98N Lance Slayton Slayton Construction 215 Union Blvd. Lakewood, Colorado 80228 Robert C. Widner, Esq. Gorsuch Kirgis LLP Tower I, Suite 1000 1515 Arapahoe Street Denver, Colorado 80202 PROJECT DESCRIPTION AND BACKGROUND: The. property is located west of Rigden Parkway, south of Custer Drive, and north of the Foothills Drainage Channel. The majority of the property was annexed into the City of Fort Collins as part of the Rigden Farm Annexation in August of 1988. A small portion of the property was annexed into the City as part of the Timberline Annexation in November of 1997. The project site is located within the Rigden Farm Overall Development Plan (ODP) Area. The Rigden Farm ODP was approved on April 15, 1999. The Owner/Applicant seeks approval of a Project Development Plan to develop 18 single-family detached dwelling lots, 104 single family attached dwelling units, and 36 two-family dwelling units, constituting a total of 158 units on 16.0 acres. The following two modifications were granted for the project by the Planning and Zoning Board on June 21, 2001. • Section 3.5.2(D)(2) requires that every residential building be set back fifteen (15) feet from a street right-of-way. The applicant was granted a modification to reduce the front setback along non -arterial streets for all lots in the Rigden Farm, 7th Filing, The Willow, PDP from the required 15 feet setback to a proposed 9 feet setback. • Section 3.5.2(D)(3) requires that zero lot line configurations have zero (0) feet setback on one side of the lot line and at least six (6) feet setback on the other RCW\57069.15\395570.01 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020