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Home My WebLink AboutRICHARD'S LAKE P.U.D., FILING ONE, SECOND REPLAT - PDP/FDP - FDP120004 - DECISION - CORRESPONDENCE-HEARINGRichard's lake PUD, Filing One, Second Replat Administrative Hearing Findings, Conclusions, and Decision July 31, 2012 Page 6 of 6 2. The Richard's Lake P.U.D., Filing One, Second Replat meets the plat requirements located in Article 3, General Development Standards of the Land Use Code, and the new lots are large enough to allow for the construction of homes that will comply with the standards in Section 3.5.2 of the Land Use Code. 3. The Richard's Lake P.U.D., Filing One, Second Replat, contains permitted uses in the LMN- Low Density Mixed -Use Neighborhood Zone District. DECISION The Project Development Plan (only) for The Richard's Lake P.U.D. Filing One, Second Replat Combined Project Development Plan and Final Development Plan, # FDP120004 is hereby approved by the Hearing Officer, without condition. The Final Development Plan must be reviewed and approved by the Director as required by Section 2.5.2 of the Land Use Code. Dated this 31 st day of July, 2012 per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Peter Barnes Zoning Administrator Richard's lake PUD, Filing One, Second Replat Administrative Hearing Findings, Conclusions, and Decision July 31, 2012 Page 5 of 6 1) The right-of-way for Beam Reach Place was previously dedicated with the Richard's Lake P.U.D., Filing One subdivision plat and no new easements will need to be dedicated to serve this new lot configuration. 4. Compliance with Applicable Zone District Regulations (Article 4): The Richard's Lake P.U.D., Filing One, Second Replat complies with the applicable requirements of the Low Density Mixed Use Neighborhood District. A. Section 4.5(B)(2)(a) — Permitted Uses The applicant is proposing three single-family dwelling units, which are permitted in the LMN Zone District. SUMMARY OF CONCLUSIONS In evaluating the request for Richard's Lake P.U.D., Filing One, Second Replat, Staff makes the following findings of fact: A. The Richard's Lake P.U.D., Filing One, Second Replat meets the applicable procedural requirements located in Article 2, Administration of the Land Use Code. B. The Richard's Lake P.U.D., Filing One, Second Replat meets the plat requirements located in Article 3, General Development Standards of the Land Use Code. C. The Richard's Lake P.U.D., Filing One, Second Replat, contains permitted uses in the LMN- Low Density Mixed -Use Neighborhood Zone District. Staff recommends approval of the Richard's Lake PUD, Filing One, Second Replat. HEARING OFFICER FINDINGS, CONCLUSIONS AND DECISION After reviewing the staff report and the record of the public hearing, the Hearing Officer makes the following findings and conclusions: 1. The Richard's Lake P.U.D., Filing One, Second Replat meets the applicable procedural requirements located in Article 2, Administration of the Land Use Code. Richard's lake PUD, Filing One, Second Replat Administrative Hearing Findings, Conclusions, and Decision July 31, 2012 Page 4 of 6 2. Article 2 - Administration: Replats are a permitted in the L-M-N zone, 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. A development review notification sign was posted on one of the existing lots in question and notification of this hearing was mailed to affected property owners pursuant to the Land Use Code requirements. 3. Compliance with Applicable General Development Standards (Article 3): The Richard's Lake P.U.D, Filing One, Second Replat complies with the applicable requirements of the Land Use Code. A. Section 3.3.1- Plat Standards The subdivision plat is in, compliance with Section 3.3.1(A) General Provisions in that: 1) The subdivision plat will be filed and recorded only after having been approved by the Director of Planning, with such approval evidenced in writing on the plat and signed by the City Clerk. 2) Building permits will be issued prior to the construction of the three new single-family homes. B. Section 3.3.1(B)(2) — Plat Standards — Street System and Natural Areas This standard requires that the general layout of lots, roads, driveways, utilities, drainage facilities be designed in a way that enhances an interconnected street system and preserves natural areas. There will be no changes to the public street system and no impacts on natural areas as a result of this replat. C. Section 3.3.1(C)(1) - Dedications The subdivision plat is in compliance with Section 3.3.1(C) Public Sites, Reservations and Dedications in that: Richard's lake PUD, Filing One, Second Replat Administrative Hearing Findings, Conclusions, and Decision July 31, 2012 Page 3 of 6 From the Public: Hunter Harms, 1738 Beam Reach Place, Fort Collins, CO 80524 Written Comments: None FACTS AND FINDINGS This request is to replat four existing, vacant single-family lots into three wider single- family lots in the Richard's Lake P.U.D., Filing One. The replat complies with the applicable criteria of the General Development Standards of Article Three and the LMN district standards of Article Four. The purpose of replatting lots 237,238, 239, 240 of the Richard's Lake P.U.D, Filing One is due to the existing narrowness (55 feet wide) of the four lots and the context of the existing homes to the south. The existing lot width of the subject properties requires the builder to build taller, narrower residences. By replatting into fewer, wider lots, the height of these new potential homes can be lowered, relieving any perceived impact on the adjacent properties. Staff has determined that there is no detriment to the development plan associated with the reconfiguration of the 4 lots into 3 lots. As proposed, the new lot one will be 7,863 square feet, lot two will be 7,882 square feet and lot three will be 7,878 square feet. The defining, outside lot lines will not change and the total combined size of the three new lots is 23,624 square feet. COMMENTS 1. Background. The surrounding zoning and land uses are as follows: N: LMN; existing single-family residential S: LMN; existing single-family residential W: UE; existing single-family residential E: LMN; existing single-family residential This property was annexed into the City as part of the Country Club North Second Annexation in January, 1984. In May, 2001, the property was subdivided as Lots 237, 238, 239, and 240 of Richard's Lake P.U.D, Filing One and the interior lot lines of lots 8, 9, 10 were adjusted in 2008. Richard's lake PUD, Filing One, Second Replat Administrative Hearing Findings, Conclusions, and Decision July 31, 2012 Page 2 of 6 SUMMARY OF HEARING OFFICER DECISION: ZONING DISTRICT: L — M —N, Low Density Mixed Use 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 5:15 p.m. on July 30, 2012 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: Courtney Levingston, City Planner From the Applicant: Steve O'Neal 1820 Richards Lake Road, Fort Collins, CO 80524 Scott Price, 3759 S. Glencoe Street, Denver, CO 80237 CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: - PROJECT NAME: CASE NUMBER: APPLICANT: rrPi IIl�i HEARING OFFICER: PROJECT DESCRIPTION: July 30, 2012 Richard's Lake PUD Filing One, Second Replat Combined Project Development Plan and Final Development Plan #FDP120004 Steve O'Neal Ridgeway Construction Services 1820 Richards Lake Road Fort Collins, CO 80524 Fred Cooke Richard's Lake LLC 330 South Monroe Street Denver, CO 80209 Peter Barnes Zoning Administrator The developer is requesting to replat four existing, vacant single-family lots into three wider single-family lots on Beam Reach Place. The lots to be replated are lot numbers 237,238, 239, 240 (also known as 1715, 1721, 1727 and 1733 Beam Reach Place). The genesis of the request to replat is due to the existing narrowness (55 feet wide) of the four lots and the context of the existing homes to the south. The existing lot width of the subject properties requires the builder to build taller, narrower residences. By replatting into fewer, wider lots, the height of these new potential homes can be lowered, relieving perceived impact on the adjacent properties. The site is zoned Low Density Mixed Use Neighborhood District (LMN), the proposed replat is permitted subject to an administrative review and public hearing.