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Home My WebLink AboutLEMAY AVENUE ESTATES - PDP - 37-04 - DECISION - FINDINGS, CONCLUSIONS & DECISION!114,, 3--77-/77,;� e° i C'�t rr-7goo Se Lernov4x PC R)SaS - je-3zl l /l4 go�as (So9 �Q eft �3v S. Cot(e� b-Zs� 2 26 �r x4�Y —�_— `Roy( " 7/07 Flury oack7 �z 3 -SSSSx Lemay Avenue Estates PDF- Administrative Hearing Findings, Conclusions, and Decision April 25, 2005 Page 4 of 4 future pedestrian and bicycle destinations. Therefore, based on the information presented, the Project complies with Section 3.2.2 of the LUC. Engineering/Subdivision Plat Division 3.3 sets standards for subdivision plats regarding the general layout of the lots, roads, driveways, utilities, drainage facilities, and other services within the proposed development. The Staff Report outlines how the subdivision plat meets these standards, including the dedication of rights -of -way and easements necessary to serve the development. 1.781 acres of land along the S. Lemay Avenue frontage will be dedicated as public right-of-way. Natural Habitat and Features Buffer Zone Standards The Staff Report outlines how the project complies with the natural habitat and features buffer standards found within this Section. A 100 foot -wide buffer has been provided from the top of Stanton Creek to the rear property line of the abutting residential lots. Transportation Level of Service Requirements Section 3.6 of the LUC imposes standards for all modes of transportation. The Transportation Impact Analysis indicates that the project complies with Level of Service (LOS) standards for all modes of transportation. SUMMARY OF CONCLUSIONS A. The Lemay Avenue Estates Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). B. The Lemay Avenue Estates Project Development Plan complies with all applicable District Standards contained in Article 4 of the Land Use Code except where a modification has been granted. C. The Lemay Avenue Estates Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code. DECISION The Lemay Avenue Estates Project Development Plan, #37-04 is hereby approved by the Hearing Officer without condition. Dated this 5th day of May 2005, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. '�/ , " Cameron Glo Current Planhfnci Director Lemay Avenue Estates PDr Administrative Hearing Findings, Conclusions, and Decision April 25, 2005 Page 3 of 4 FACTS AND FINDINGS 1. Site Context/Background Information N: LMN- residential (Stanton Creek) S: UE- single-family residential E: UE- single-family residential (Greenstone) W: LMN- residential (Provincetown) This undeveloped property was annexed in August, 1984 as part of the Graese Acres Annexation. 2. Compliance with Article 4 and the U-E Zoning District Standards: The Project Development Plan complies with all applicable requirements of Article 4 and the UE zone district. The Staff Report summarizes the PDP's compliance with these standards and no specific evidence was presented to contradict or otherwise refute the compliance with Article 4 or the UE District Standards. In particular, the proposed single-family detached dwellings are permitted within the UE zone district, subject to an administrative review. The applicant received a modification to reduce the minimum lot size of/z acre as specified in this zone district for 8 of the proposed 55 lots located within the development. There was no evidence presented at the public hearing to contradict the Project's compliance with the Article Four Use or Development standards. 3. 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 as explained below. Landscaping and Tree Protection. The staff report outlines the Project's compliance with Section 3.2.1 concerning landscaping and tree protection standards. Street trees of permitted varieties and at the appropriate spacing will be provided in a manner that satisfies the standard. There was no evidence introduced at the hearing to contradict the Staff Report. Parking and Access. The staff report outlines the Project's compliance with Section 3.2.2 concerning access, circulation and parking. At least one off-street parking space will be provided per single-family lot. The on -site bicycle and pedestrian system is designed to provide direct connections to existing and Lemay Avenue Estates PDr Administrative Hearing Findings, Conclusions, and Decision April 25, 2005 Page 2 of 4 properly posted, legal notices mailed and notice published. The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 6:00 p.m. on April 25, 2005 in Conference Room A, 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 the public 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: Stan Everitt, The Everitt Companies Troy Jones, M. Torgerson Architects From the Public: Mitch Morgan, 7107 Silver Moon Lane Marjery Richmond, 7224 Streamside Drive Robert Reichenberger, 7400 S. Lemay Avenue Eric Hill Written Comments: None. City of Fort Collins Comi. _nity Planning and Environment Services Current Planning 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: April 25, 2005 Lemay Avenue Estates, Project Development Plan #37-04 Everitt Companies c/o Stan Everitt 3030 South College Avenue Fort Collins, CO 80525 Lemay Avenue Estates LLC c/o Stan Everitt 3030 South College Avenue Fort Collins, CO 80525 Cameron Gloss Current Planning Director The Applicant has submitted a request to subdivide a 48.5 acre property into 55 single family lots. The site is located on the east side of South Lemay Avenue just south of the existing Stanton Creek development. SUMMARY OF HEARING OFFICER DECISION: Approval ZONING DISTRICT: UE — 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 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020