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Home My WebLink AboutEASTGATE - PDP (RESUBMITTAL) - 10-04A - DECISION - FINDINGS, CONCLUSIONS & DECISIONADMINISTRATIVE HEARING PRO DAT 'WFT17, E«�.�_M. III ■ ■ ■ ■ ■ ■ ■ o"c . ne�i Eastgate 2nd Filing Administrative Hearing Findings, Conclusions, and Decision December 16, 2004 Page 4 of 4 Section 3.3.3 Water Hazards and Section 3.3.5 Engineering Design Standards of the LUC. The testimony of Mr. Richard Roberts, owner of Lot 16, Eastgate Subdivision and President of the Eastgate Owners Association, indicated a potential concern over the on -going maintenance responsibility for the stormwater detention area. It was noted by the applicant that General Notes on the PDP indicate that a new Homeowner's Association supporting the subject property will be responsible for such maintenance. The note also specifies that the building exterior will be maintained by the newly created Homeowner's Association. SUMMARY OF CONCLUSIONS A. The Eastgate 2nd Filing Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). B. The Eastgate 2nd Filing Project Development Plan complies with all applicable district standards of Section 4.4 of the Land Use Code, (LMN) Low Density Mixed Use Neighborhood zone district. C. The Eastgate 2nd Filing Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code. DECISION The Eastgate Project Development Plan, #10-04A is hereby approved by the Hearing Officer. Dated this 20th day of December 2004, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. ameron G o C- Current PlanniOP Director Eastgate 2"' Filing Administrative Hearing Findings, Conclusions, and Decision December 16, 2004 Page 3 of 4 FACTS AND FINDINGS 1. Site Context/Background Information The surrounding zoning and land uses are as follows: N: E — undeveloped S: LMN — multi -family residential E: LMN — storm drainage detention pond W: RL — single family residential The property was annexed in October 1967 as part of the Burch Fourth Annexation. A Project Development Plan and accompanying request to modify the off-street parking requirements was reviewed at an August 11, 2004 Administrative Hearing and denied by Hearing Officer. The previously submitted PDP was similar in design; however, it included a request to provide four off-street parking spaces where seven is required. The Hearing Officer found, given the context and location of the project, that the modification request was not justified. 2. Compliance with Article 4 and the LMN — Low Density Mixed Use Zoning District Standards: The Project Development Plan complies with all applicable requirements of Article 4 and the LMN 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 LMN District Standards. In particular, the proposed multi -family residential use (with fewer than eight units) is permitted within the LMN zone district subject to an administrative review. 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. According to the Staff Report, the City staff has found that the drainage pond, reconfigured to accommodate additional stormwater runoff from this site and other parcels within the development, will function to City standards. Therefore, based on the evidence presented at the hearing, the Project complies with Eastgate 2nd Filing Administrative Hearing Findings, Conclusions, and Decision December 16, 2004 Page 2 of 4 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. .__;1zN The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 3:30 p.m. on December 16, 2004 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: Bob Barkeen, City Planner Katie Moore, Development Review Engineer From the Applicant: Ric Hattman, Hattman Associates Brian Shear, Shear Engineering Dave and Kerri Phillips, 2932 Des Moines Dr. From the Public: Richard Roberts, 617 Colorado St Written Comments: None. City of Fort Collins Community Planning and Environmental Services Current Planning CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: December 16, 2004 PROJECT NAME: Eastgate 2"d Filing PDP CASE NUMBER: #10-04A APPLICANT: Hattman Associates 145 West Swallow Road Fort Collins, CO 80525 OWNER: Dave Phillips 1420 Blue Spruce Drive Fort Collins, CO 80524 HEARING OFFICER: Cameron Gloss Current Planning Director PROJECT DESCRIPTION: The Applicant has submitted a request to construct a four -unit multi -family building on an existing tract of land at the southwest corner of Riverside Avenue and Montgomery Street. The site is 33,600 sq.ft. in area and is currently used for storm drainage detention and open space. A subdivision plat is accompanying the PDP. This plat will vacate a portion of the existing storm drainage detention pond to accommodate a 5,900 sq.ft. building envelope. This building is two stories in height and will gain vehicular access from the front of the lot off Montgomery Street. The remainder of the lot will continue to be used for storm drainage detention. SUMMARY OF HEARING OFFICER DECISION: Approval ZONING DISTRICTS: LMN — Low Density Mixed Use Neighborhood District STAFF RECOMMENDATION: Approval 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020