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Home My WebLink AboutHILLCREST P.U.D., TRACT ''A'' REPLAT - PDP - 36-09 - DECISION - MINUTES/NOTESProje< Meeth Date: Administrative Public Hearing Sign -in PLEASE PRINT CLEARLY Name Address Phone Email Hill Crest, Tract "A" Plat, rroject Development Plan Administrative Hearing Findings, Conclusions, and Decision February 16, 2010 Page 5 of 5 SUMMARY OF CONCLUSIONS A. The Replat of Tract "A", Hill Crest PUD, PDP contains permitted uses in the LMN - Low Density Mixed -Use Neighborhood Zoning District. B. The Replat of Tract "A", Hill Crest PUD, PDP meets 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. C. The Replat of Tract "A", Hill Crest PUD, PDP meets the standards located in Section 3.3.1 - Plat Standards of Article 3 - General Development Standards. DECISION The Hill Crest, "Tract A" Replat, Project Development Plan, # 36-09 is hereby approved by the Hearing Officer without condition. Dated this 16th day of February 2010 per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Ted Shepard, AIC Chief Planner Hill Crest, Tract "A" Plat, rroject Development Plan Administrative Hearing Findings, Conclusions, and Decision February 16, 2010 Page 4 of 5 4. Article 3 - General Development Standards: The Replat of Tract "A", Hill Crest PUD, PDP complies with the applicable requirements of Section 3.3.1 - Plat Standards in Article 3 - General Development 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 or no act which changes the use of any building shall be permitted until the 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) in that: 1) The lots have direct vehicular access to public streets. Lots 1 & 2 front on the streets and a necessary public access easement will be dedicated, by the plat, for access to Lot 1 from West Mulberry Street. The side lot lines are substantially at right angles or radial to the street lines. 2) The general layout of lots, roads, driveways, utilities, drainage facilities and other services within the proposed development have been previously established in the surrounding single-family and two-family dwelling residential neighborhoods. C. The subdivision plat is in compliance with Section 3.3.1(C) Public Sites, Reservations and Dedications in that: 1) The rights -of -way for West Mulberry Street and Impala Drive were previously dedicated by separate documents and the access, drainage, and utility easements necessary to serve these lots will be dedicated with the Replat of Tract "A", Hill Crest PUD subdivision plat, if approved and filed. 2) Reservation of sites for flood control, open space and other municipal uses shall be made, as necessary, in accordance with the requirements of the Land Use Code. Hill Crest, Tract "A" Plai, rroject Development Plan Administrative Hearing Findings, Conclusions, and Decision February 16, 2010 Page 3 of 5 Review Procedures for Development Applications, and Division 2.4 - Project Development Plan located in Article 2 - Administration; and, the plat requirements located in Section 3.3.1 - Plat Standards in Article 3 - General Development Standards. COMMENTS: Background: The surrounding zoning and land uses are as follows: N: LMN; existing high school (Poudre High School) S: LMN; existing residential W: LMN; existing residential E: RL, LMN; existing residential The subject property was annexed into the City as part of the Maxwell's Second Annexation in June, 1963 and the West Fort Collins Annexation in August, 1967. The portion of the subject property containing the existing single-family house at the southwest corner of the property was subdivided as Lot 1 (0.4 acre in size) of the Ricketts Subdivision in June, 1988. The entire subject property (4.8 acres in size) was platted as Tract "A" of the Hill Crest PUD in August, 1994. 2. Purpose of the Subdivision: The purpose for the re -platting of the Hill Crest PUD subdivision plat is to create two legally subdivided lots on a plat that presently contains only Tract "A", being 4.8 acres in size. The two -lot subdivision plat will create Lot 1, being 0.4 acre (18,875 square feet) in size; and, Lot 2, being 4.4 acres (192,265 square feet) in size. The expressed intent is to allow the FCHA to sell Lot 1, which contains a single-family house. Staff has determined that there is no detriment to the development plan associated with the platting of the two lots. 3. Article 2 - Administration: The Replat of Tract "A", Hill Crest PUD, PDP complies with requirements of Division 2.1 - General Procedural Requirements, Division 2.2 - Common Development Review Procedures for Development Applications, and Section 2.4 - Project Development Plan of Article 2 - Administration. Hill Crest, Tract "A" Plat, roject Development Plan Administrative Hearing Findings, Conclusions, and Decision February 16, 2010 Page 2 of 5 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 5:30 p.m. on February 10, 2010 in Venti/Mediation Conference Room (2"d floor), 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; and (3) an audio recording of testimony provided during the hearing. The Land Use Code, 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, Andrew Carney From the Applicant: Jerry Robinson From the Public: None Written Comments: None This request is to create a 2-lot subdivision plat for a property that presently is Tract "A" of the Hill Crest PUD subdivision plat, being 4.8 acres in size. The expressed intent is for the FCHA to sell Lot 1, which contains a single-family house on the property. The request complies with the applicable requirements of the Land Use Code , specifically the procedural requirements located in Division 2.1 - General Procedural Requirements, Division 2.2 - Common Development Hill Crest, Tract "A" Plat, . roject Development Plan Administrative Hearing Findings, Conclusions, and Decision February 16, 2010 Page 1 of 5 CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE PROJECT NAME: CASE NUMBER: OWNER: APPLICANT: HEARING OFFICER: February 10, 2010 Hill Crest, Tract "A" Replat, Project Development Plan (PDP) #36-09 Fort Collins Housing Corporation 1715 W. Mountain Avenue Fort Collins, CO 80521 Stewart & Associates, Inc. c/o Jerry Robinson 103 S. Meldrum Street Fort Collins, CO. 80521 Ted Shepard Chief Planner PROJECT DESCRIPTION: This request is to replat Tract "A" of the Hill Crest PUD, owned by the Fort Collins Housing Authority (FCHA), into 2 separate lots to allow for the sale of the existing single-family residence at 2302 West Mulberry Street. The entire property is 4.8 acres in size. The potential Lot 1, containing the single-family residence to be sold, would be 0.4 acre and the potential Lot 2, containing 26 affordable dwelling units in 13 buildings, would be 4.4 acres. There are no proposed physical changes to the existing properties / buildings as part of this request. The property is in the LMN, Low Density Mixed -Use Neighborhood Zoning District. SUMMARY OF HEARING OFFICER DECISION: Approval ZONING DISTRICT: LMN, Low Density Mixed -Use Neighborhood Planning, Development & Transportation Services F6rt`'Collins of February 16, 2010 Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.416.2740 970.224.6134- fax fcgov. corn Attendee of the Hill Crest, Tract "A" Replat, Project Development Plan, # 36-09, Public Hearing, Please find attached to this letter a copy of the Type I Administrative Hearing Findings, Conclusions and Decision for the Project Hearing of Attendee of the Hill Crest, Tract "A" Replat, Project Development Plan, # 36-09. Pursuant to Section 2.2.7(D) of the Fort Collins Land Use Code, this Decision has been mailed to the applicant and any person who provided testimony at the public hearing. This final decision of the Administrative Hearing Officer may be appealed to the City Council, in accordance with Chapter 2, Article II, Division 3 of the City Code, within 14 calendar days of the date of final action February 16, 2010 by the Hearing Officer. The deadline to file an appeal is 5:00 p.m. on Tuesday, March 2, 2010. Guidelines explaining the appeal process, including the Code provisions previously referenced, can be found online at fcaov.com/cityclerk/appeals.phi), or may be obtained in the City Clerk's Office at 300 LaPorte Avenue. If you have any questions about the attached Decision or the appeal process, please contact meat 221-6343. Sincerely, T-40"At&A Ted Shepard Chief City Planner