HomeMy WebLinkAboutRICKARDS SUBDIVISION, 630 S. WASHINGTON - 5-04 - DECISION - FINDINGS, CONCLUSIONS & DECISIONRickards Replat
Administrative Hearing
Findings, Conclusions, and Decision
July 8, 2004
Page 4 of 4
such "alley house" development, City Council adopted an ordinance on April 30,
2004 that prohibited further subdivision of lots within this zone district, as is being
requested with this PDP application.
Although the current Land Use Code prohibits this subdivision request, the
Administrative Hearing Officer is bound by the regulations in place at the time the
development application was submitted.
SUMMARY OF CONCLUSIONS
A. The Rickards Replat Project Development Plan is subject to administrative
review and the requirements of the Land Use Code (LUC).
B. The Rickards Replat Project Development Plan satisfies the development
standards of the NCL zoning district.
C. The Rickards Replat 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 Rickards Replat Project Development Plan, #5-04, is hereby approved by the
Hearing Officer without condition.
Dated this 12th day of July 2004, per authority granted by Sections
1.4.9(E) and 2.1 of the Land Use Code.
ameron Glo
Current Planni g Director
Rickards Replat
Administrative Hearing
Findings, Conclusions, and Decision
July 8, 2004
Page 3 of 4
FACTS AND FINDINGS
1. Site Context
The surrounding zoning and land uses are as follows:
N: NCL;
existing single family residential
S: NCL;
existing single family residential
W: NCL;
existing single family residential
E: NCL;
existing single family residential
This property was annexed into the City as part of Westlawn Annexation in May
1920.
2. Compliance with Article 4 and the NCL Zoning District Standards:
The proposed subdivision complies with the Land Use and Dimensional
Standards defined by Section 4.6 D(1) and E (1) in that all of the lots exceed
6,000 square feet in area and forty (40) feet in width. Both of the existing single
family houses are less than 2,000 square feet in area.
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 the lots provide
vehicular access to a public street, and the side lot lines are at substantially right
angles or radial to the street.
B. Section 3.3.1 [C] (1) - Public Sites, Reservations, and Dedications
The plat includes dedication of public utility and pedestrian access easements
necessary to serve the subject property.
The Rickards Replat Project Development Plan was submitted on January 16,
2004, four days prior to City Council enactment of a moratorium on development
and subdivision applications within the Eastside and Westside Neighborhoods,
including the NCL zone district. The moratorium was applicable to the
subdivision of lots and building permit applications to the extent that they
impacted the rear portion of lots. After subsequent review of issues pertaining to
Rickards Replat
Administrative Hearing
Findings, Conclusions, and Decision
July 8, 2004
Page 2 of 4
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 4:30 p.m. on July 8, 2004 in Conference Rooms C and D at
281 North 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;
(3) a sign up sheet of persons attending the hearing; and (4) 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:
Bob Barkeen, City Planner
From the Applicant:
Karl Zeller
From the Public:
None
Written Comments:
*None.
*A letter from Genevie I. Mill, a property owner at 801 W. Myrtle Street, was
received after the public comment period ended. The letter was dated July 4,
2004, however, it was not received by the Current Planning Department until July
12, 2004.
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:
PROJECT NAME:
CASE NUMBER:
APPLICANT:
OWNER:
HEARING OFFICER:
PROJECT DESCRIPTION:
July 8, 2004
Rickards Replat Project Development
Plan
#5-04
Karl Zeller
1575 E. County Road 66
Wellington, CO 80549
Jill Rickards/Karl Zeller
1575 E County Road 66
Wellington, CO 80549
Cameron Gloss
Current Planning Director
The Applicant has submitted a request to replat Lots 10 and 11, Block 6, of the
Western addition into two new lots, one of 11,844 sq. ft. and the other of 6,016 sq. ft.
The property contains two single family houses and the subdivision will result in each
house being located "back to back" on a separate lot. The property is located at 630
Washington Street.
SUMMARY OF HEARING OFFICER DECISION: Approval
ZONING DISTRICT: NCL- Neighborhood Conservation Low Density
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 • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020