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HomeMy WebLinkAboutADRIAN SUBDIVISION, 1ST FILING - PDP - 42-03A - SUBMITTAL DOCUMENTS - ROUND 1 - APPEAL TO CITY COUNCIL3) The PDP parcel if divided into four lots with all of them fronting on Impala Drive would be sensitive to the character of the existing surrounding neighborhoods. 4) The PDP parcel if divided into four lots with all of them fronting on Impala Drive would adhere to the purpose of the Land Use code, which is to improve and protect the public health, safety and welfare. 5) The PDP parcel if divided into four lots with all of them fronting on Impala Drive would allow building masses, building heights, outdoor spaces, and architectural character to be compatible to the surrounding area. This PDP with its high density on such a small area does NOT protect the public welfare. It would dramatically destroy our property values and our quality of life. This cluster PDP project would stigmatize our neighborhood. It is unethical for the developer to profit at the expense of the existing neighborhood. Please ONERTVIAN_ the decision of the decision maker Linda Michow. Dr.'Steven L. Schaeffer 60l North Impala Driv Fort Collins, CO 80521 Steven@engr.colostate.edu 970.416.0498 Representative of 163 residents of the Green Acres Subdivision area, all whom have signed two separate petitions in opposition to this proposed development prior to this appeal. d4MA "A K� - Ms. Sandy KnU 2309 West Vine Drive Fort Collins, CO 80521 Sandyk11224 peoplepc.com 970.493.8266 Neighbor who received mailed notice and is designated to receive any notice of defects in the appeal notice. Page 5 of 5 immediate area of the proposed infill development". The PDP because of the private drive has small lots (between 3800sf and 6300sf) and practically NO outdoor spaces. The immediate area has large lots (between 7500sf and 15000sf) with big front yards and very large backyards. 5) The proposed private drive diminishes compliance with Div 3.5.1 B which also states " compatibility shall be achieved through techniques such as similar relationships to the street as to those existing in the immediate area of the proposed infill development". Only three of the PDP lots abut a street because of the private drive. All lots in the surrounding, immediate area abut a street. 6) The proposed private drive diminishes compliance with Div 3.5.1 C which states "buildings shall be similar in size and height and proportional to the mass and scale of other structures on the same block". The PDP because of the private drive has small lots (between 3800sf and 6300sf) which would result in large building masses and not similar to the scale of the single - story buildings on the same block. 7) The proposed private drive diminishes compliance with Div 3.5.1 D which states "elements of the development plan shall be arranged to minimize infringement on the privacy of adjoining land uses". The proposed private drive and high density of lots maximizes infringement on the privacy of adjoining land uses. 8) The proposed private drive diminishes compliance with Div 1.2.4 which states " a lot shall not be reduced in dimensions or area to an amount less than the minimum requirements". The private drive results in lots less than 6000 sf as required. G) Division 3.6.2 (Llb) states "a private drive, instead of a street, shall be allowed to provide access to an unusually shaped parcel of land". 1) The PDP parcel of land is NOT unusually shaped. In fact the PDP parcel is a rectangular shaped parcel of land. The parcel measures 175 feet from Impala Drive on the west to the existing private drive (not part of the parcel) on the east. All the existing lots to the south of the PDP to Cherry Street measure 195 feet when measured from Impala Drive to their back lot lines. 2) The PDP parcel if divided into four lots with all of them fronting on Impala Drive would have lot depths 20 feet less than the lot depths of the existing lots to the south. The use of a private drive is NOT warranted for this PDP parcel of land. Page 4 of 5 1) This area has very high groundwater. This PDP with a high density of lots on very small lots did not address this issue and as a result this would adversely effect the surrounding existing properties. F) Division 3.6.2 (Ll a) states that "a private drive shall not be permitted if it prevents or diminishes compliance with any other provisions of the Land Use Code". 1) The proposed private drive diminishes compliance with Div 4.3.D.1 which states that "the minimum lot area shall not be less than six thousand (6,000) square feet". The lot areas in PDP #42-03A are less than 6,000 sq. ft. In article 5, div 5.1.2 it states the a lot shall mean an area of land which abuts a private drive. When these lots are measured from the edge of the private drive the resulting areas are LESS THAN 6,000 sq. ft. 2) The proposed private drive diminishes compliance with Div 3.5.1 A which states " that the proposed buildings are to be compatible when considered within the context of the surrounding area". Div 5.1.2 states that "compatibility refers to the sensitivity. of development proposals in maintaining the character of existing development". The character of the existing neighborhood is single -story, ranch -style homes on large lots (between 7500sf and 15000sf) and on full-sized streets. The PDP because of the private drive has small lots (between 3800sf and 6300sf) which would result in large building masses. The PDP is NOT sensitive to the character of the existing surrounding neighborhood. 3) The proposed private drive diminishes compliance with Div 3.5.1 B, which states, "new developments in or adjacent to existing developed areas shall be compatible with the established architectural character of such areas". Again, Div 5.1.2 states that "compatibility refers to the sensitivity of development proposals in maintaining the character of existing development". The architectural character of the existing neighborhood is single -story; ranch -style homes on large lots (between 7500sf and 15000st) and on full-sized streets. The PDP because of the private drive has small lots (between 3800sf and 6300sf) which would result in large building masses. These large building masses are NOT sensitive to the established architectural character of the existing surrounding neighborhood. 4) The proposed private drive diminishes compliance with Div 3.5.1 B which also states " compatibility shall be achieved through techniques such as the use of similar proportions in outdoor spaces to those existing in the Page 3 of 5 C) Division 3.3.1 (B 1) states that "no lot in a subdivision shall have less area than required under the applicable zoning requirements of the city' 1) As stated above in A 1, The lot areas in PDP #42-03A are less than the required 6,000 sf (Div 4.3 D1). In article 5, div 5.1.2 it states the a lot shall mean an area of land which abuts a private drive. When these lots are measured from the edge of the private drive the resulting areas are LESS THAN 6,000 sq. ft. D) Division 3.3.1 (B 2) states that "the general layout of lots, roads, driveways, utilities, drainage facilities and other services within the proposed development shall be designed in a way that enhances an interconnected street system within and between neighborhoods and otherwise accomplishes the purposes and intent of the Land Use Code". 1) The use of a private drive does not enhance the interconnected street system. It would only cause excessive traffic congestion too close to the intersection of Impala and Vine. 2) The high density of seven lots each with two, three, or more vehicles would also cause excessive traffic congestion, which does not enhance the interconnected street system. 3) The use of a private drive and layout of seven lots do not accomplish the purposes and intent of the Land Use Code. a) They do not improve or protect the public health, safety or welfare (sec 1.2.2.). b) They do not foster the safe use of the city's transportation infrastructure (sec 1.2.2 Q. c) They promote rather than avoid the inappropriate development of lands (sec1.2.2.E). d) They do not ensure development that is sensitive to the character of the existing neighborhood (sec 1.2.21v1). In sec 5.1.2, character means definition and uniqueness. The character of the existing neighborhood is single -story; ranch -style homes on large lots (between 7500sf and 15000sf) and on full-sized streets. The PDP has small lots (between 3800sf and 6300sf) which would result in large building masses. The PDP is NOT sensitive to the character of the existing neighborhood. E) Division 3.3.3 ( C) states that "any lands that are subject to high groundwater shall not be platted for building lots with basements". Page 2 of 5 OEC I M I December 2004 To whom it may concern: This is a notice of appeal. We are requesting that the Fort Collins City Council change and overturn the decision made by Linda Michow who was the decision maker concerning the Adrian Subdivision, first filing PDP-#42-03A. The public hearing was on 10/18/04. The action that is being appealed is Linda Michow's decision of approval with conditions. Her decision was made on November 1, 2004. Relevant laws were not properly interpreted and applied. The following are the laws (not properly interpreted) and supporting summaries of facts: A) Division 4.3 low density residential district (R-L) section D 1 & 2. Dl states that "the minimum lot area shall not be less than six thousand (6,000) square feet". D2 states that "the minimum lot width shall be sixty (60) feet for a single-family dwelling". 1) The lot areas in PDP #42-03A are less than 6,000 sq ft. In article 5, div 5.1.2 it states the a lot shall mean an area'of land which abuts a private drive. When these lots are measured from the edge of the private drive the resulting areas are LESS THAN 6,000 sq ft. 2) The lot widths in PDP #42-03A are less than 60 feet. In article 5, div 5.1.2 it states the a lot shall mean an area of land which abuts a private drive. When these lot widths are measured from the edge of the private drive the resulting widths are LESS THAN 60 feet. B) Division 3.2.3(E 2) (solar access, orientation, shading alternative compliance) states that "the decision -maker shall take into account whether the alternative design fosters nonvehicular access". 1) The alternative plan because of the private drive fosters excessive vehicular access thus prevents SAFE nonvehicular access. 2) Section 1.2.2 states the purpose of the Land Use Code is to improve and protect the public health, SAFETY and welfare. Page 1 of 5