HomeMy WebLinkAboutLEMAY AVENUE ESTATES - MODIFICATION OF STANDARD - 37-04A - DECISION - FINDINGS, CONCLUSIONS & DECISIONLemay Avenue Estates PDr Modification
Administrative Hearing
Findings, Conclusions, and Decision
April 25, 2005
Page 4 of 4
applicable review criteria have been met. There is no authority for the Hearing
Officer to mandate that the Applicant or Owner provide additional landscaping at
the rear of the lots as this would fall outside of the modification review criteria and
standards of the Land Use Code.
Although the applicant did not agree to accept a condition of approval to this
project that would mandate additional landscaping along the subject lots, the
applicant indicated a willingness to work with neighboring residents to forge an
amicable solution to neighborhood concerns.
SUMMARY OF CONCLUSIONS
A. The Lemay Avenue Estates Project Development Plan Modification of Standard
is subject to administrative review and the requirements of the Land Use Code
(LUC).
B. With respect to the Modification to Subsection 4.1(D)(1)(b), the minimum lot area
within the UE zone district:
Granting the requested modification would not be detrimental to the public
good and would not impair the intent and purposes of the Land Use Code.
2. The modification will advance or protect the public interests and purposes
of the standard for which the modification is requested equally well as a
plan which complies with the standard for which the modification is
requested. The diminished lot sizes on 8 of the 55 lots would enable the
development to satisfy the 100 foot -wide buffer from Stanton Creek
without imposing a conservation easement on the lots. Visually, the
smaller.lots will appear the same as lots satisfying the minimum lot size.
DECISION
The Lemay Avenue Estates Project Development Plan Modification of Standard, #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 Gloss
Current Planning irector
Lemay Avenue Estates PDr Modification
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. Modification to Section 4.1(1))(1)(b):
The applicant is seeking a request to reduce the size of 8 single family lots,
within a proposed 55-lot subdivision, to less than the minimum lot size of/z acre
(21,780 sq. ft.) as required within the Urban Estate zone district for all
developments which are not "clustered". All of the proposed lots to be reduced in
size abut a 100-foot-wide buffer from Stanton Creek.
The Hearing Officer has reviewed the request for modification to reduce the lot
area for the eight lots abutting Stanton Creek. Adjacent properties most heavily
impacted by the modification request are single family houses that lie directly to
the east and south.
A common issue repeatedly raised at the hearing by neighboring property
owners involved landscaping and visually quality at the rear portion of the lots in
question and the citing of a perceived lack of such aesthetic quality provided by
nearby development. The opponents specifically expressed concern that the
rear portions of the lot have a diminished aesthetic as compared to the front of
the lot and that abutting properties will be adversely impacted by such conditions.
Some testifying expressed that a condition of approval be added to the
modification action, requiring that trees and/or other landscape materials be
added to the rear of the lots abutting Stanton Creek.
Although the Hearing Officer finds that the concerns raised by opponents of the
modification are insightful and might potentially improve the acceptance of the
modification by the neighboring landowners, the application must be judged
under the existing applicable regulations of the Fort Collins Land Use Code. The
modification request provides sufficient specificity to determine that the
Lemay Avenue Estates PDP Modification
Administrative Hearing
Findings, Conclusions, and Decision
April 25, 2005
Page 2 of 4
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 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.
Comn. _nity Planning and Environment. services
Current Planning
1Ill WK91 201:4
City of Fort Collins ADMINISTRATIVE HEARING OFFICER
TYPE I ADMINISTRATIVE HEARING
FINDINGS, CONCLUSIONS AND DECISION
ADMINISTRATIVE HEARING DATE: April 25, 2005
PROJECT NAME:
CASE NUMBER:
APPLICANT:
OWNER:
HEARING OFFICER:
PROJECT DESCRIPTION:
Lemay Avenue Estates, Project
Development Plan (PDP) Modification of
Standard
#37-04A
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 modify Section 4.1(D)(1)(b) thereby providing
lots less than the required Y2 minimum as required within the Urban Estate-UE zone
district. The modification request is associated with a separate development request to
subdivide a 48.5 acre lot into 55 single family detached house sites. 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
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020