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HomeMy WebLinkAboutBALZERS SUBDIVISION, 624 S. LOOMIS - REPLAT - 51-02 - DECISION - FINDINGS, CONCLUSIONS & DECISIONo ih Dur 6"Z&e j5 �`��'I/►�/I G rlw7t�zi O� 4e vtb-�� eS d, nuf AtkAj a( 7"o t#ww4rl jvU S Ar �`� �n S b�✓ o f p-°s r'� Vvt, d ?d GQYIC�/vl�S m� Jwvv wwto Q30 *VrYL (,�►n fi all ('� �►�� incc� �Ja✓%.i a�a,1, ra �1�. P-- a 5 I(Q - at yews w� a'd -(� � �`'° r ��+ d Go add k d w rw 4 f pn dzw o� oila it to vi des a �jU� Inl�Slti b Y(�i- � n ' I k VtitS vyl G a V 4-vWw G�necr�"Ze- W:4 1 rve - I' s M" l h �� yLo+- ce o U u J-e- 4 Xf- (31 'SO. L" •n L• s A✓ 70)� -Zr,c Odd( �o l�- W- to, e `l8Y-S86C n ✓�C�/JJ /`Q: LIGHTING WEATHER IMPAIRMENT Da li ht No adverse No impair sus ectd Dark, lighted Rain No impair sus ectd Dark, lighted No adverse No impair sus ectd Dark, lighted No adverse No impair sus ectd Daylight No adverse No impair sus ectd Dawn or dusk No adverse No impair sus ectd Daylight No adverse No impair sus ectd Dark, lighted No adverse Alcohol involved Daylight No adverse No impair sus ectd Dark, lighted No adverse No impair sus ectd Dark, unlighted No adverse No impair sus ectd Daylight No adverse No impair sus ectd Daylight No adverse No impair sus ectd Dark, lighted No adverse No impair sus ectd Daylight No adverse No impair sus ectd Dawn or dusk Rain Alcohol involved Dark, lighted No adverse Alcohol involved Dark, lighted Snow -Sleet -Hail No impair sus ectd Daylight No adverse No impair sus ectd Dark, lighted No adverse No impair sus ectd Daylight No adverse No impair sus ectd Daylight No adverse No impair sus ectd Daylight No adverse No impair sus ectd Daylight No adverse No impair sus ectd Daylight No adverse Driver/ ed not observd Daylight No adverse No impair sus ectd VEH 3 DIR VEH 1 MOVEMENT VEH 2 MOVEMENT VEH 3 MOVEMENT PRIM FACT 1 Straight Stopped Driver preoccupied Left turn Straight No apparent West Straight Stopped Stopped Driver preoccupied Parked Backing Parked No apparent Left turn Straight Driver preoccu ied Left turn Straight No apparent U-Turn Straight No apparent East Straight Stopped Stopped Driver preoccupied Straight Straight Driver preoccupied Straight Slowing No apparent Straight Parked No apparent Left turn Straight Driver preoccupied Straight Stopped No apparent Straight Stopped Driver preoccupied Straight Strai ht Driver preoccupied Straight Stopped Driver preoccupied Straight Stopped Driver preoccupied Left turn Straight No apparent Left turn Straight No apparent Left turn Backing Stopped No apparent Parking Parked No apparent Backing Stopped No apparent Parked Left turn Straight Driver preoccu ied Parking Parked East Straight Slowinq Slowing No apparent Parked FATALITIES VEH 1 TYPE VEH 2 TYPE VEH 3 TYPE VEH 1 DIR VEH 2 DIR 0 Ps roar/van Ps rcar/van East East 0 Ps r car / van Ps r car / van South West 0 Ps rcar/van Ps rcar/van Ps rcar/van West West 0 0 PU truck / U van PU truck / U van West 0 0 Ps r car / van Motorcycle East West 0 Ps rcar/van Ps rcar/van North East 0 Ps r car / van PU truck / U van West North 0 Ps r car / van PU truck / U van PU truck / U van East East 0 Ps rcar/van Ps rcar/van East East 0 Motorcycle Ps r car / van East East 0 Truck > 10k / bus > 15 Ps r car / van East 0 Ps r car / van Bicycle South North 0 Ps r car / van Ps r car / van West West 0 Ps r car / van Ps r car / van West West 0 PU truck / U van Ps r car / van East North 0 0 0 0 0 Ps rcar/van Ps rcar/van East East 0 PU truck / U van Ps r car / van East West 0 Ps rcar/van Ps rcar/van South East 0 Ps rcar/van Ps rcar/van East West 0 0 Ps rcar/van North 0 0 PU truck / U van Ps r car / van North South 0 PU truck / U van PU truck / U van Southwest 0 PU truck / U van Ps r car / van East South 0 0 Ps rcar/van Ps rcar/van East West 0 Unknown / Hit & run Ps r car / van West 0 0 0 Ps rcar/van Ps rcar/van Ps rcar/van East East 0 0 0 Traffic Operations Laurel - Between Loomis and Sherwood Crash Data January 2001 -April 1 2003 Alphabetical STREET 1 STREET 2 BLOCK 1 BLKDIR DATE TIME TYPE OF COLL INJURIES LAUREL 500 West 3/2/2001 13:51 Rear end 0 LAUREL 500 West 9/25/2002 19:16 Broadside 0 LAUREL 500 West 3/31/2003 20:22 Rear end 2 LAUREL 502 West 3/10/2003 17:45 Parked veh 0 LAUREL 518 West 6/28/2001 20:58 Parked veh 0 LAUREL 518 West 5/3/2002 18:00 0 LAUREL 518 West 10/11/2002 13:53 Broadside 1 LAUREL 551 West 9/11/2001 18:55 Broadside 0 LAUREL 600 West 8/12/2001 18:22 Broadside 0 LAUREL 600 West 3/22/2002 22:10 Rear end 3 LAUREL 600 West 3/28/2002 11:10 Rear end 0 LAUREL 600 West 10/14/2002 18:50 Rear end 1 LAUREL 600 West 10/14/2002 18:57 Parked veh 0 LOOMIS LAUREL 0 1/21/2001 10:48 Bicycle 1 LOOMIS LAUREL 0 1/21/2001 10:50 Rearend 0 LOOMIS LAUREL 0 2/5/2001 21:00 Rear end 0 LOOMIS LAUREL 0 5/9/2001 14:10 Broadside 0 LOOMIS LAUREL 0 11/7/2001 19:30 0 LOOMIS LAUREL 0 1/22/2002 23:15 0 LOOMIS LAUREL 0 2/24/2002 1:30 0 LOOMIS LAUREL 0 3/31/2002 2:03 0 LOOMIS LAUREL 0 5/23/2002 18:54 Rear end 0 LOOMIS LAUREL 0 10/18/2002 21:53 Sideswipe OD 0 LOOMIS LAUREL 0 3/1/2003 20:17 Apprch turn 2 SHERWOOD LAUREL 0 2/12/2001 8:00 Head on 1 SHERWOOD LAUREL 0 2/13/2001 22:25 Parked veh 0 SHERWOOD LAUREL 0 3/30/2001 1:45 Pedestrian 1 SHERWOOD LAUREL 0 5/8/2001 10:30 0 SHERWOOD LAUREL 0 5/22/2001 10:55 Rear end 0 SHERWOOD LAUREL 0 1/3/2002 16:06 Rear end 0 SHERWOOD LAUREL 0 4/17/2002 16:42 Rear end 0 SHERWOOD LAUREL 0 8/23/2002 23:00 Parked veh 0 WHITCOMB LAUREL 0 4/6/2001 9:12 Apprch turn 0 WHITCOMB LAUREL 0 1 7/13/2001 11:30 Parked veh 0 WHITCOMB LAUREL 0 9/25/2001 23:25 0 WHITCOMB LAUREL 0 10/27/2001 15:15 0 WHITCOMB LAUREL 0 5/20/2002 9:50 Rear end 0 WHITCOMB LAUREL 0 11/2/2002 19:15 0 WHITCOMB LAUREL 0 1/6/2003 14:00 0 WHITCOMB LAUREL 01 3/512003114:151 Parked veh 1 0 Balzers Subdivision Administrative Hearing Findings, Conclusions, and Decision April 24, 2003 Page 5 of 5 located on the north and south sides of Lots 1 and 2, and the east and west sides of Lot 1. B. Section 3.7.3 - Adequate Public Facilities Adequate Public Facilities (APF) standards provide a mechanism that "ensures that public facilities and services needed to support the development are available concurrently with the impacts of such development". Under the APF management system, the City has adopted service standards for transportation, water, wastewater, storm drainage, fire and emergency services, electrical power and any other public facilities required by the City. Testimony provided at the hearing indicated a concern that the wastewater utility system and the transportation system, in this case, the alley, might not provide adequate service for a potential future "alley" house on Lot 1. The Hearing Officer acknowledges and appreciates that neighbors have provided careful thought in the framing of their concerns; however, since no specific development is being proposed at this time, no conditions will be placed on the subdivision application relative to this standard. If future development occurs on Lot 1, the burden will be on the applicant, at the time of building permit issuance, that all necessary public improvements are in place and available to serve the new development or that sufficient financial guarantees are in place. SUMMARY OF CONCLUSIONS A. The Balzers Subdivision is subject to administrative review and the requirements of the Land Use Code (LUC). B. The Balzers Subdivision satisfies the development standards of the N-C-M zoning district. C. The Balzers Subdivision complies with all applicable General Development Standards, including the Plat Standards, contained in Article 3 of the Land Use Code. DECISION The Balzers Subdivision, #51-02, is hereby approved by the Hearing Officer without condition. Dated this 8th day of May 2003, per authority granted by S ons 1.4.9(E) and 2.1 of the Land Use Code. ameron Glos Current Plan ng Director Balzers Subdivision Administrative Hearing Findings, Conclusions, and Decision April 24, 2003 Page 4 of 5 (2) Front, side and rear building setbacks will be reviewed as per the Basic Development Review process for a building permit for any future construction on proposed Lot 1. While there was no direct testimony or evidence presented at the public hearing to contradict compliance with the subdivision standards prescribed within the zoning district, public testimony identified concerns regarding the proliferation of "carriage" or "alley" houses within the Westside Neighborhood and the perceived negative impacts of similar units on neighboring properties. Both general impacts occurring as a result of such development were cited, as well as issues specific to the subject property and immediate neighborhood. Such potential negative impacts include: incompatible architecture with the established neighborhood character, inadequate infrastructure, high traffic speeds/volumes on the alley, noise, lack of off-street parking, and perceived disinvestment in the neighborhood due to an increase in the number of rental units. Examples of neighboring "alley" houses with a perceived negative impact to the area were cited during the course of the public discussion. Most of the public testimony specifically relating to the subject property concerned the character of a potential future "alley" house, and not the request for subdivision. The total gross floor area of such future "alley" house is restricted in the NCM zone district per subsection 4.7 (D)(1). Such a single- family unit would require review and approval by the Building Department through the building permit process. Further, a proposal for a two-family dwelling (duplex) would be subject to review by the Planning and Zoning Board pursuant to Section 4.7(B). Although the Hearing Officer finds that many of the concerns raised by opponents of a potential future "alley" house on Lot 1 are insightful, the application to resubdivide the property must be judged under the existing applicable regulations of the Fort Collins Land Use Code. The regulations provide sufficient specificity to determine that the Applicant and Owner have designed the replat in conformance with the applicable regulations. There is no authority for the Hearing Officer to mandate that the Applicant or Owner exceed the minimum requirements of the Land Use Code. 3. Compliance with Article 3 of the Land Use Code — General Development Standards A. Section 3.3.1 [C] (1) - Public Sites, Reservations, and Dedications The plat indicates proper dedications for drainage and utility easements as needed to serve both lots. Easements serving existing and future service are Balzers Subdivision Administrative Hearing Findings, Conclusions, and Decision April 24, 2003 Page 3 of 5 Written Comments: Letter from William E. and Betty M. Hoffman, 611 Whitcomb Accident Data, Laurel between Loomis and Sherwood, Jan 2001-April 1, 2003 generated by City of Fort Collins Traffic Operations Department FACTS AND FINDINGS 1. Site Context The surrounding zoning and land uses are as follows: N: N-C-M; existing single family residential S: N-C-M; existing single family residential E: N-C-M; existing single family residential W: N-C-M; existing single family residential This property was annexed into the City, by resolution, and subdivided as Lots 9 & 10, Block 4, as part of the Westlawn Addition in May 1920. 2. Compliance with Article 4 and the N-C-M Zoning District Standards: The plat complies with the standards found under Article Four of the Land Use Code. The applicant's request to replat the 13,110 square foot property, in order to create two new lots of 7,802 and 5,308 square feet, complies with the following standards: A. Section 4.7(D)(1) — Land Use Standards The two new lots comply with the minimum lot area requirement of 5,000 square feet for single family lots in the N-C-M, Neighborhood Conservation — Medium Density zone district. B. Section 4.7(E)(1)(2)(3)(4) — Dimensional Standards (1) Proposed Lot 1 has 69 feet of alley frontage, and Lot 2 also has 69 feet of frontage along Loomis Street, exceeding the required minimum of 40 feet of street/alley frontage. Both the street and alley are shown as previously dedicated public rights -of -way. Balzers Subdivision Administrative Hearing Findings, Conclusions, and Decision April 24, 2003 Page 2 of 5 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 4:10 p.m, on April 24, 2003 in Conference Rooms C & 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: Steve Olt, City Planner From the Applicant: Eric and Barb Balzer, 5200 Abbey Rd. From the Public: Charles and Jacquelyn Melear 631 S. Loomis Ave. Eric Odell 617 W. Myrtle Meegan Flenniken, 617 W. Myrtle Joan Fritz, 641 S. Loomis Ave. Jean N. Kamal 608 W. Laurel St. Carol Story Uthmann, 3223 N. CR 11 George A. Townsend, 631 S. Whitcomb St. Comm,u-aty Planning and Environmentai, ervices 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 24, 2003 Balzers Subdivision Project Development Plan #51-02 JR Engineering c/o David Roberts 2620 East Prospect Road, Suite 190 Fort Collins, CO 80525 Eric and Barb Balzer 5220 Abbey Road Fort Collins, CO 80526 Cameron Gloss Current Planning Director The Applicant has submitted a request to replat portions of two existing lots into two new lots. Lot 1 would be 5,308 square feet and Lot 2 would be 7,802 square feet. There is one existing single family residence on the property, which is addressed as 624 South Loomis Street. The existing house would be located entirely on proposed Lot 2. SUMMARY OF HEARING OFFICER DECISION: Approval ZONING DISTRICT: N-C-M, Neighborhood Conservation — Medium 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 • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020