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Home My WebLink AboutEASTGATE 3RD FILING - PDP - 14-08 - DECISION - MINUTES/NOTESAdministrative Public Hearing Sign -In Project: 7jKA 4,511U Meetii Date: PLEASE PRINT CLEARLY Name Address Phone Email JUSAN OA It 3 4y ZVeA&CH T,F-OWT P44C S Ge o Eastgate 3`d Filing PDP Administrative Hearing Findings, Conclusions and Decision November 7, 2008 Page 7 of 7 5. The PDP complies with all applicable Land Use and Development Standards contained in Article 4 - Districts, Division 4.5 — Low Density Mixed -Use Neighborhood District of the LUC. DECISION Eastgate 3`d Filing (1120 Montgomery Street), Project Development Plan - #14-08, is hereby approved by the Hearing Officer without condition. Dated this 7th day of November 2008, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Ted Shepard Chief Planner Eastgate 3`d Filing PDP Administrative Hearing Findings, Conclusions and Decision November 7, 2008 Page 6 of 7 2) Reservation of sites for flood control, open space and other municipal uses shall be made, as necessary, in accordance with the requirements of this LUC. 3. Section 3.3.5, Engineering Design Standards The proposal complies with the design standards, requirements, and specifications for the services as set forth in this section. C. Division 3.5, Building Standards 1. Section 3.5.1, Building and Project Compatibility The proposed change -of -use, from existing multi -family dwellings to single- family attached dwellings, will continue to satisfy the requirements set forth in this section. No changes to the existing building are proposed with this request. It will be maintained in its present form, with no alterations proposed at this time. It is an existing 4-plex multi -family residential building that, if approved, will be defined as a single-family attached dwelling. Therefore, the Project Development Plan complies with all applicable requirements of Article 3. No evidence was presented to contradict the statements and conclusion of the staff report concerning compliance or to otherwise refute the compliance with Article 3. SUMMARY OF CONCLUSIONS 1. The proposed land use (single-family attached dwellings) is permitted in the LMN, Low Density Mixed -Use Neighborhood Zone District. 2. The PDP meets the procedural requirements located in Division 2.1 General Procedural Requirements, Division 2.2 Common Development Review Procedures for Development Applications, and Division 2.4 Project Development Plan in Article Two 2 Administration of the LUC. 3. The PDP complies with all applicable General Development Standards contained in Article 3 of the LUC. 4. The PDP meets the plat standards located in Section 3.3.1 Plat Standards of Article 3 - General Development Standards of the LUC. Eastgate 3`° Filing PDP Administrative Hearing Findings, Conclusions and Decision November 7, 2008 Page 5 of 7 2. The Eastgate Third Filing, PDP complies with the applicable requirements of the LUC, specifically the plat requirements located in Section 3.3.1 Plat Standards. a. 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) No building permit or certificate of occupancy shall be issued for construction of any new principal building, enlargement of any principal building used for nonresidential purposes by more that 25% of the existing floor area of such building, or no act which changes the use of any building shall be permitted until a subdivision plat is filed and recorded in the City of Fort Collins. b. The subdivision plat is in compliance with Section 3.3.1(B) Lots in that: 1) Lots 1 - 4 have direct vehicular access to a public street (Montgomery Street). Lots 1 — 4 front on a public street. (Montgomery Street). The side lot lines for both lots are substantially at right angles or radial to the street lines. 2) The general layout of parcels, driveways, utilities, drainage facilities, street ROW, and other services within the proposed Eastgate 3rd Filing, PDP have been previously established by other means or are being dedicated with this plat. c. The subdivision plat is in compliance with Section 3.3.1(C) Public Sites, Reservations and Dedications in that: 1) An applicant shall be required to dedicate rights -of way for public streets, drainage easements and utility easements as needed to serve the area being platted. The right-of-way (ROW) for Montgomery Street was dedicated by a previously approved and recorded subdivision plat. Drainage, utility, access, and emergency access easements necessary to serve Lots 1 - 4 were dedicated with the Eastgate 2"d Filing plat or will be dedicated with the Eastgate 3`d Filing plat, if approved and filed. Eastgate V Filing PDP Administrative Hearing Findings, Conclusions and Decision November 7, 2008 Page 4 of 7 2. Compliance with Article 3 of the Land Use Code — General Development Standards The Project Development Plan complies with all applicable sections of Article 3 of the LUC. The change of use request complies with all applicable General Development Standards as follows: A. Division 3.2, Site Planning and Design Standards 1. Section 3.2.1, Landscaping and Tree Protection The proposed change -of -use, from existing multi -family dwellings to single- family attached dwellings, will continue to satisfy the requirements set forth in this section. No changes to the landscaping are proposed with this request. 2. Section 3.2.2, Access, Circulation and Parking The proposed change -of -use, from existing multi -family dwellings to single- family attached dwellings, will continue to satisfy the requirements set forth in this section. No changes to the access and parking are proposed with this request. B. Division 3.3, Engineering Standards 1. Purpose of the Subdivision The purpose for creating four (4) individual lots, in place of one (1) existing lot, under the existing 4-plex residential building on the westerly portion of the property, is to effectively change each dwelling unit from a condominium to a townhome and define them as "single-family attached dwellings" per the City's Land Use Code. The lots will range in size from 2,560 square feet to 3,066 square feet. There will not be any physical changes to the site, building, or landscaping associated with this request. The existing detention pond on the east end of the property will not change. Eastgate 3`° Filing PDP Administrative Hearing Findings, Conclusions and Decision November 7, 2008 Page 3 of 7 Written Comments: None FACTS AND FINDINGS The surrounding zoning and land uses are as follows: N: E; existing commercial/office uses S: LMN; existing multi -family residential uses E: E, LMN; existing commercial/office/multi-family residential uses W: RL, LMN; existing single-family residential uses The property was annexed in October, 1967 as part of the Burch Fourth Annexation. The property was platted as part of Tract "A" of Eastgate, First Filing that was approved by City Council in April, 1973. The property was part of the Replat of Tract "A" of Eastgate, First Filing that was approved by City Council in September, 1977. The property was part of the Replat of Tract "A" of Eastgate, First Filing that was approved by City Council in June, 1978. The property was platted as Lot 1 of Eastgate, 2nd Filing that was approved by the Director of Planning in May, 2005. The existing 4-plex multi -family residential building was constructed in a Building Envelope as part of this subdivision. The existing detention pond and landscaping on Lot 1 were also constructed and installed at this time. 1. Compliance with Article 4 and the LMN Zoning District Standards: The Project Development Plan complies with the land use and development standards of Article 4 and the L-M-N Zoning District. Single Family Attached Dwellings are considered a permitted use within the district. The Staff Report summarizes the PDP's compliance and no specific evidence was presented to contradict the statements and conclusion of the staff report concerning compliance with Article 4. Eastgate 3rd Filing PDP Administrative Hearing Findings, Conclusions and Decision November 7, 2008 Page 2 of 7 ZONING DISTRICT: L-M-N, Low Density Mixed -Use Neighborhood 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 October 30, 2008 in Conference Room A at 281 N. 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 discussion at 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: Dave Phillips, Owner and Applicant From the Public: Mr. Richard Roberts, 617 Colorado St. Fort Collins, CO. 80524 City of Fort Collins Planning, Development and Transportation Services Current Planning 281 N. College Ave. PO Box 580 Fort Collins, CO 80522-0580 970.221.6750 970.224.6134 - fax fcgov. com/currentplanning CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: PROJECT NAME: CASE NUMBER: APPLICANT: October 30, 2008 Eastgate 3rd Filing (1120 Montgomery Street), Project Development Plan (PDP) #14-08 David Phillips 2932 Des Moines Drive Fort Collins, CO 80525 OWNER: David Phillips 2932 Des Moines Drive Fort Collins, CO 80525 HEARING OFFICER: Ted Shepard Chief Planner PROJECT DESCRIPTION: This is a request to replat the property (Eastgate, 2nd Filing) located at 1120 Montgomery Street for the purpose of creating four (4) individual lots, in place of one (1) existing lot, under the existing 4-plex residential building on the westerly portion of the property. The lots will range in size from 2,560 square feet to 3,066 square feet. This request effectively changes each dwelling unit from a condominium to a townhome and defines them as "single-family attached dwellings" in the City's Land Use Code. There will not be any physical changes to the site, building, or landscaping associated with this request. The existing detention pond on the east end of the property will not change. SUMMARY OF HEARING OFFICER DECISION: Approval