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HomeMy WebLinkAboutTHORLAND SUBDIVISION PDP - PDP - 9-08 - DECISION - MINUTES/NOTES&an 8C'�Ie�enGah11 Sweaiwwa,'�4.Cre�,k q70 �!c� •"e ar.nir/�� _�Gf � /_i%i_�%e�/' — -- Z 3 ° h--Swr��a• G�erfr,.___-- f 70. Z8'L--Y3st� Ya�eb•.co� - -. Y Thorland Subdivision Administrative Hearing Findings, Conclusions, and Decision August 30, 2008 Page 5 of 5 B. Section 3.3.1 [C] (1) - Public Sites, Reservations, and Dedications The plat indicates proper dedication for rights -of -way and easements as needed to serve both lots. An additional two feet of right-of-way is being dedicated along the north side of Kechter Road. As noted, the plat includes a 51 foot -wide right- of-way to accommodate a future street (Sage Creek Road) which roughly bisects the property and will help accommodate future access for the larger area in the future. Drainage, utility, access, and emergency access easements necessary to serve both Lots 1 & 2 will be dedicated on the plat. In addition to the neighborhood compatibility issues that were raised, testimony provided at the hearing about increased traffic congestion within the general neighborhood surrounding the site. There was no evidence provided through the development review process that significant traffic will be generated as a result of the development. SUMMARY OF CONCLUSIONS A. The Thorland Subdivision Project Development Plan subject to administrative review and the requirements of the Land Use Code (LUC). B. The Thorland Subdivision Project Development Plan satisfies the development standards of the UE zoning district. C. The Thorland Subdivision Project Development Plan complies with all applicable General Development Standards, including the Plat Standards, contained in Article 3 of the Land Use Code. DECISION The Thorland Subdivision Project Development Plan, #9-08, is hereby approved by the Hearing Officer without condition. Dated this 31st day of July 2008, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Cameron Glo Current PlanrWng Director Thorland Subdivision Administrative Hearing Findings, Conclusions, and Decision August 30, 2008 Page 4 of 5 subdivision design, and careful lot line and building placement that will help lessen the change in area character. One neighboring property owner, who was unable to attend the hearing, expressed concerns that the proposed replat violates existing "deed restrictions" and covenants that allegedly apply to all lots within the Blehm Subdivision. Testimony provided by the applicant indicated that no deed restrictions were uncovered through the due diligence phase and that Larimer County planning staff had confirmed that the Larimer County Board of Commissioners (BOCC) have the right to amend the original Blehm Subdivision plat. A copy of the Findings and Resolution from the BOCC action, documenting an amended plat of Lot 1 of Blehm Subdivision, has been provided to the Hearing Officer which appears to indicate that the note indicating that "residential construction must remain inside lots lines (with appropriate setbacks) and within ditch easements to the north and south of noted areas" has been successfully removed from the plat. Although the Hearing Officer acknowledges and understands the expressed fears from neighboring property owners about potential future development within the area, and the alleged private covenants that may have private implications for the applicant's request, the proposed PDP must be judged under the existing applicable public regulations of the Fort Collins Land Use Code. These regulations provide sufficient specificity to determine that the Applicant has designed the PDP in conformance with the applicable regulations and there is no authority for the Hearing Officer to mandate that the Applicant or Owner exceed the minimum requirements of the Land Use Code, and other applicable regulations, in designing the development. There was no evidence introduced at the hearing to contradict the Staff Report; therefore, the Hearing Officer finds that the Subdivision is in conformance with the applicable requirements found in Article 4 of the Land Use Code. 3. Compliance with Article 3 of the Land Use Code — General Development Standards A. Section 3.3.1 [B] — Lots The proposed lots comply with the design standards in that each lot has vehicular access to a public street, and the side lot lines are at substantially right angles or radial to the street. Lot 1 fronts on a public street (Kechter Road). An Access & Utility Easement will be dedicated through Lot 1 from Kechter Road to the ROW for a future street (Sage Creek Road) that would run east — west through the property. The design of the adjacent section of Kechter Road is unaffected. Thorland Subdivision Administrative Hearing Findings, Conclusions, and Decision August 30, 2008 Page 3 of 5 1 FACTS AND FINDINGS Site Context The surrounding zoning and land uses are as follows: N: RL in the City of Fort Collins; S: FA1 in Larimer County; E: FA1 in Larimer County; W: FA1 in Larimer County; existing single-family residential (Stetson Creek) existing single-family residential existing single-family residential (Blehm Subdivision) existing single-family residential The property was annexed in March, 2008 as the Thorland No. 1 and Thorland No. 2 Annexations. The property was platted as Lot 1, Blehm Subdivision in Larimer County in September, 1975. 2. Compliance with Article 4 and the UE Zoning District Standards: The plat complies with the standards found under Article Four of the Land Use Code. The applicant's request to plat the 6.68 acre parcel, in order to create two new lots of 2.3 and 3.9 acres, complies with the following standards: Section 4.1(B) — Land Use Standards The proposed lots greatly exceed the minimum '/ acre lot size required in the UE zone district. Further, the minimum lot width of one hundred feet will be exceeded for both lots. Requests were made to the Hearing Officer by area residents to consider the general impacts on the quality of life that might arise due to future development of the Blehm Subdivision, which is composed of several "horse properties" that have an open, semi -rural character. It was acknowledged during the hearing that the subject property has long been designated on the City of Fort Collins Structure Plan Map as "Urban Estate" which anticipates a future land development pattern within the area of up to two residential units per acre. Density contemplated by the PDP is substantially lower than that permitted under the regulations. The Hearing Officer both sympathizes with the neighboring property owners and finds that the applicant has attempted, through the Thorland Subdivision Administrative Hearing Findings, Conclusions, and Decision August 30, 2008 Page 2 of 5 PUBLIC HEARING The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 5:35 pm on August 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; and (3) 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: Miles Thorland From the Public: Ben and Colleen Garton, 2321 Sweetwater Creek Pete Miller, 2309 Sweetwater Creek Written Comments: Letter to Steve Olt from Milton F. Watkins dated July 28, 2008 stating opposition to the subdivision. Copy of Findings and Resolutions -Approving the Amended Plat of Lot 1 in the Blehm Subdivision recorded by Larimer County January 3, 2008 City of Fort Collins Planning, Development, and Transportation - Current Planning 281 North College Avenue • P.O. Box 580 a Fort Collins, CO 80522-0580 (970)221-6750 CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: PROJECT NAME: CASE NUMBER: APPLICANT/OWNER: HEARING OFFICER: PROJECT DESCRIPTION: July 30, 2008 Thorland Subdivision - Project Development Plan Miles & Jennifer Thorland 4918 Bluestem Court Fort Collins, CO. 80525 Cameron Gloss Current Planning Director The Applicant has submitted a request to replat one (1) existing lot into two (2) lots on a 6.68 acre property located on the north side of Kechter Road approximately 800 feet east of South Timberline Road. New Lot 1 (south end) would be 2.3 acres in size and new Lot 2 (north end) would be 3.9 acres in size. There will be a 51 foot wide right-of- way (ROW) for a potential future street running east to west (Sage Creek Road) that will be dedicated as part of the replat. The southerly portion of the property is partially developed (with one single-family residence and outbuildings). SUMMARY OF HEARING OFFICER DECISION: Approval ZONING DISTRICT: LIE -Urban Estate 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.